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The moment the defendant included affirmative defenses in his answer to my complaint, does that shift the burden of proof on the

San Jose, CA |

defendant? If the defendant has already deposed the plaintiff and during the deposition of the defendant he still cannot prove his affirmative defenses, would that be a basis for filing a summary judgment?

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Attorney answers 2


Nope you as plaintiff have the burden of proof


Other than the plaintiff’s deposition there should be other substantial evidence that would support plaintiff’s affirmative defenses, that’s what the discovery process is all about utilizing the discovery act to collect all available relevant evidence for presentation during litigation and trial.

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