What is the burden of proving an error in a judgment?
California, United States of America
The following excerpt is from Carrick v. Cnty. of Santa Cruz, H040261 (Cal. App. 2015):
A fundamental rule of appellate review is the appealed judgment is presumed to be correct, and "[a]ll intendments and presumptions are indulged to support it on matters as to which the record is silent, and error must be affirmatively shown." (Denham v. Superior Court (1970) 2 Cal.3d 557, 564.) The burden is on the appellant to overcome this presumption of correctness and to affirmatively demonstrate the existence of an error.
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