CALIFORNIA FAMILY LAW
...Procedure Before Trial/Hearing
......Trials/Requests for Orders
.........Burden of Proof/Shifting
8 Cards On This Topic:

Moving party has the burden of proof.

Burden of proof is generally preponderance of evidence.

Since the relevant factors favored shifting the BOP to Mother on F's RFOs, she bore the burden as to C's status as a full-time high school student for FC §3901 c/s purposes.

When it is not disputed the community has an interest in s/p, the burden to provide the necessary information falls on the parties equally.

Business owner has burden of proving correctness of income and expenses.

After party with burden of proof makes prima facie case, burden shifts to other party to rebut.

Burden of proof for a specific issue properly placed on party with best access to that information.

Where non-managing spouse has prima facie evidence that community assets disappeared while in the control of managing spouse post-separation, BOP properly shifted to managing spouse to account for the missing assets.