Burden Of Proof

(1) The “burden of proof” refers to the duty of a party to present evidence on and to show, by a preponderance of the evidence, that an allegation of fact is true or that an issue should be resolved in favor of that party. (2) A “preponderance of the evidence” means the greater weight of the evidence or that, according to the evidence, the conclusion sought by the party with the burden of proof is the more probable conclusion. (3) The claimant has the burden of proof as to standing, as to any motions or other pleadings advanced by the claimant, and as to any matter set forth in the Act whereby the burden of proof is placed on the claimant. Claimant’s burden of proof at a contested case hearing includes proving the requisites of T.C.A. §53-11-201(f)(1) and any alleged exception from forfeiture. (4) The department has the burden of proof as to the illegal use of the seized property pursuant to the Act and as to any motions or other pleadings advanced by the department.