Section R2-19. 119. Proof

A.      Standard of proof. Unless otherwise provided by law, the stan- dard of proof is a preponderance of the evidence.

B.       Burden of proof. Unless otherwise provided by law:

1.        The party asserting a claim, right, or entitlement has the burden of proof;

2.        A party asserting an affirmative defense has the burden of establishing the affirmative defense; and

3.        The proponent of a motion shall establish the grounds to support the motion.

Historical Note

Section adopted by final rulemaking at 5 A.A.R. 563, effective February 3, 1999 (Supp. 99-1).