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2.6-1 Burden of Proof - Claims

Revised to January 1, 2008

The party making a claim has the burden of proof with respect to that claim.  Thus, the plaintiff has the burden of proving each essential element of the cause of action upon which the plaintiff relies.  I will review those elements with you in a moment.  The defendant does not have to present evidence to disprove the plaintiff's claim.


Mankert v. Elmatco Products, Inc., 84 Conn. App. 456, 463-64, cert. denied, 271 Conn. 925 (2004); Gulycz v. Stop & Shop Cos., 29 Conn. App. 519, 523, cert. denied, 224 Conn. 923 (1992).


This instruction should be adapted to address the existence of any counterclaims, cross claims or third party claims.


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