78B-9-105 - Burden of proof.
78B-9-105. Burden of proof.
(1) The petitioner has the burden of pleading and proving by a preponderance of theevidence the facts necessary to entitle the petitioner to relief. The court may not grant reliefwithout determining that the petitioner is entitled to relief under the provisions of this chapterand in light of the entire record, including the record from the criminal case under review.
(2) The respondent has the burden of pleading any ground of preclusion under Section78B-9-106, but once a ground has been pled, the petitioner has the burden to disprove itsexistence by a preponderance of the evidence.
Renumbered and Amended by Chapter 3, 2008 General Session
Amended by Chapter 288, 2008 General Session