Burden of Production

Burden of Production is the responsibility of the party, who is presenting an issue or fact to produce sufficient evidence to support a favorable finding on that particular issue or fact.  This is also known as burden of coming forward with the evidence or burden of going forward with the evidence.  The burden of production must be met in order to avoid a dismissal or directed verdict. Both parties to a suit usually have burdens of production during the course of a suit, and often dispositive motions (such as motions for summary judgment) impose a burden of production on the party bringing forth the motion.