What is the burden of showing prejudice against a defendant in a civil case?

California, United States of America


The following excerpt is from People v. Velasquez, A149205 (Cal. App. 2018):

In claiming violations of both the California right to speedy trial and due process, defendant must make a threshold showing before the trial court is called upon to balance the prejudice to the defendant against the justification for the delay. Under the state Constitution, " ' "the defendant has the initial burden of showing some prejudice before the prosecution is required to offer any reason for the delay [citations]. The showing of prejudice requires some evidence and cannot be presumed." ' " (People v. Alexander (2010) 49 Cal.4th 846, 874.) "[I]f the defendant fails to meet his or her burden of

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