What is the burden of proof against a party pleading the statute of limitations?
California, United States of America
The following excerpt is from State Dept. of Cal. Highway Patrol v. Industrial Acc. Commission, 16 Cal.Rptr. 138, 195 Cal.App.2d 765 (Cal. App. 1961):
While it is true that the burden of proof is upon the party pleading the statute of limitations to establish that the alleged claim is barred, still, when the evidence of the claimant shows the action to be barred, there is no necessity for any further evidence on that question. The law does not require the doing of a useless act. Holloway v. Wetzel, 86 Utah 387, 45 P.2d 565, 567, 98 A.L.R. 1006; 34 Am.Jur. 353.
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