Burden of Going Forward

• 40 CFR 179.91 - Burden of going forward; burden of persuasion.

• Code of Federal Regulations - Title 40: Protection of Environment

• Burden of Going Forward

The onus on a party to refute or to explain evidence presented in a case. The burden of going forward, also called the burd...

• West's Encyclopedia of American Law
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• Rutledge v. Wallace, (Ohio 2002)

Forcible entry and detainer; declaratory judgment to quiet title to real estate; action in equity; conflict in interest; burden of going forward in case involving alleged incompetency to transfer property; admission and exclusion of evidence; qualifying a witness as an expert; Evid.R. 702.

• Ohio Supreme Court

• Director, Office of Workers' Compensation Programs v. Greenwich Collieries, 512 U.S. 267 (1994)

...This rule essentially shifts the burden of persuasion to the party opposing the claim so t...e., the obligation to come forward with evidence to support a claim). This Court pres... that § 7(c) determines only the burden of going forward, not the burden of persuasion-cannot withs...

• U.S. Supreme Court

• Doral Steel, Inc. v J & G Toledo Properties, L.L.C., (Ohio 2005)

In an action on a bailment contract, the bailor must establish a prima facie case showing that the contract existed, that the subject of the contract was delivered to the bailee, and that the bailee failed to redeliver that property to the bailor or delivered the property in a damaged condition. Once the bailor demonstrates this prima facie case, the burden of going forward shifts to the bailee to offer evidence of lack of fault or due care.

• Ohio Supreme Court

• 12 CFR 308.109 - Suspension and disbarment.

... termination of the order shall bear the burden of going forward with an application and with the ...

• Code of Federal Regulations - Title 12: Banks and Banking

• State v. Painter, (Ohio 2002)

The trial court relied on State v. Brown (1982), 5 Ohio App.3d 220, 222, when it instructed the jury that “within her ability” and “means” must be applied together, and that a lack of means alone cannot excuse lack of effort to pay child support. In asserting an affirmative defense, the accused has the burden of going forward and must prove by a preponderance of the evidence that: (1) he is unable to provide adequate support; and (2) he did provide such support as was within his ability and means. In proving the affirmative defense a lack of means cannot excuse a lack of effort on the part of the accused.

• Ohio Supreme Court

• 27 CFR 71.80 - Applications.

...Subpart F: Hearing Procedure. : Burden of Proof. 71.80 - Applications. In hearings on th... procedure, assume the burden of going forward. [21 FR 1441, Mar. 6, 1956. Redesignated a...

• Code of Federal Regulations - Title 27: Alcohol, Tobacco Products and Firearms

• In re Custody of C.E., (Ohio 2005)

Trial court did not err in finding that mother of children did not abandon her children for purposes of determining custody pursuant to Chapter 2151 of the Ohio Revised Code. Although presumption of abandonment established by R.C. 2151.011(C) was triggered when mother failed to visit or maintain contact with children for period exceeding ninety days, trial court could reasonably find, on the evidence before it, that the mother successfully rebutted that presumption. She presented evidence that she did not, in fact, intend to relinquish permanently her custodial rights, but absented herself for a period of time in order to avoid substantial possibility that her whereabouts might be communicated to a physically abusive estranged spouse. Although statutory presumption may be used to re...

... presumption may be used to reverse the burden of going forward with evidence on the issue, aband...

• Ohio Supreme Court

• 46 CFR 201.132 - Conduct of the hearing.

...(b) Burden of proof. The burden of proof shall be (1) upon an...The burden of going forward with rebuttal evidence in proceedings invo...

• Code of Federal Regulations - Title 46: Shipping