Prima Facie | Practical Law

Prima Facie | Practical Law

Prima Facie

Prima Facie

Practical Law Glossary Item 2-518-8779 (Approx. 2 pages)

Glossary

Prima Facie

A Latin term meaning "at first sight" or "at first look." This refers to the standard of proof under which the party with the burden of proof need only present enough evidence to create a rebuttable presumption that the matter asserted is true. A prima facie standard of proof is relatively low. It is far less demanding than the preponderance of the evidence, clear and convincing evidence and beyond a reasonable doubt standards that are also commonly used.
A prima facie standard of proof may be used in a variety of settings. For example, courts have held that a party who seeks discovery of purportedly privileged documents under the crime-fraud exception to the attorney-client privilege must make a prima facie showing that the contested documents were created in furtherance of a crime or fraud. Once the party seeking discovery makes this showing, the resisting party must then present its own rebuttal evidence showing that the contested documents were not created in furtherance of a crime or fraud.