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Terms Used In Louisiana Code of Evidence 1105

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.

            A. In any civil proceeding in which the defense of self-defense is raised, the defendant shall have the burden to prove by a preponderance of the evidence that he acted in self-defense.

            B. For the purposes of this Article, if the defense of self-defense is raised in a civil proceeding by an authorized person as defined in La. Rev. Stat. 9:2793.12, the burden of proof shall be on the party asserting the action to prove by a preponderance of the evidence that the injury, death, or loss complained of was not caused by a justified use of force or self-defense by the authorized person.

            Acts 2024, No. 729, §1.