California, United States of America
The following excerpt is from People v. M.D. (In re M.D.), 181 Cal.Rptr.3d 761, 231 Cal.App.4th 993 (Cal. App. 2014):
testimony on public policy grounds bears the burden of proof on any foundational issues of fact. (See, e.g., People v. Badgett (1995) 10 Cal.4th 330, 364 [41 Cal.Rptr.2d 635, 895 P.2d 877] [The claimant of the marital privilege for confidential communications has the burden of proving, by a preponderance of the evidence, the facts necessary to sustain the claim.].) Likewise, under section 500, [e]xcept as otherwise provided by law, a party has the burden of proof as to each fact the existence or nonexistence of which is essential to the claim for relief or defense that he is asserting.
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