What is the burden of proving a preliminary fact against a minor?
California, United States of America
The following excerpt is from People v. Alisha A. (In re Alisha A.), B246561 (Cal. App. 2014):
producing evidence and the burden of proof on the issue. (Evid. Code, 405.) The juvenile court indicated that minor had both burdens, and neither party disputes that ruling. A preliminary fact is generally subject to proof by a preponderance of the evidence. (People v. Cottone (2013) 57 Cal.4th 269, 286; see Evid. Code, 115.)
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