Title

Evidential Completeness and the Burden of Proof

Authors

Dale A. Nance

Abstract

In recent years, commentators have begun to take seriously the problem of missing evidence, specifically, evidence that should be presented by the parties but is not. In a previous paper, I analyzed the considerable variety of tools employed by the law to address this problem and made some relatively modest suggestions concerning the nature and use of such tools. In this paper, my former modesty is less evident: I develop the outlines of an explicit and practical proposal for addressing the problem.

Keywords

Evidence, Burden of Proof

Publication Date

1998

Document Type

Article

Place of Original Publication

Hastings Law Journal

Publication Information

49 Hastings Law Journal 621 (1998)

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