Evidential Completeness and the Burden of Proof
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.
Evidence, Burden of Proof
Place of Original Publication
Hastings Law Journal
49 Hastings Law Journal 621 (1998)
Nance, Dale A., "Evidential Completeness and the Burden of Proof" (1998). Faculty Publications. 731.