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2.6-2 Burden of Proof - Affirmative Defenses

Revised to January 1, 2008

The defendant in this case, (in addition to / instead of) denying the claims made by the plaintiff, has affirmatively asserted certain special defenses to the plaintiff's claims.  I will review these special defenses with you in a moment.  The defendant has the burden of proof as to the allegations of any special defenses upon which the defendant relies.  The plaintiff does not have the burden to disprove the allegations of the defendant's special defenses.  Rather, each party has the burden of proving that party's own claims and no burden to disprove the claims of that party's adversary.


Perley v. Glastonbury Bank & Trust Co., 170 Conn. 691, 698 (1976).


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


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