burden of production

: the responsibility of the party that is presenting an issue or fact to produce evidence sufficient to support a favorable finding on that issue or fact

called also burden of coming forward with the evidence, burden of going forward with the evidence

Note: The burden of production must be met in order to avoid a dismissal or directed verdict. Both parties to a suit usually have burdens of production during the course of a suit, and often motions (as for summary judgment) impose a burden of production.