Section 133 of the Evidence Act 2011 – What it Says and All You Need to Know.
Table of Contents
Section 133 of the Evidence Act 2011 Provides as Follows:
(1) In civil cases, the burden of first proving existence or non–existence of a fact lies on the party against whom the judgment of the court would be given if no evidence were produced on either side, regard being had to any presumption that may arise on the pleadings.
(2) If the party referred to in subsection (1) of this section adduces evidence which ought reasonably to satisfy the court that the fact sought to be proved is established, the burden lies on the party against whom judgment would be given if no more evidence were adduced, and so on successively, until all the issues in the pleadings have been dealt with.
(3) Where there are conflicting presumptions, the case is the same as if there were conflicting evidence.
Other Relevant Sections:
- Section 134 of the Evidence Act 2011
- Section 135 of the Evidence Act 2011
- Section 136 of the Evidence Act 2011
