What is the burden of proving reversible error in a motion to challenge a judgment or order of the lower court?
California, United States of America
The following excerpt is from Orange Cnty. Dep't of Child Support Servs. v. Gutierrez, G049878 (Cal. App. 2015):
"It is well settled, of course, that a party challenging a judgment has the burden of showing reversible error by an adequate record. [Citations.]" (Ballard v. Uribe (1986) 41 Cal.3d 564, 574-575.) "'"A judgment or order of the lower court is presumed correct. All intendments and presumptions are indulged to support it on matters as to which the record is silent, and error must be affirmatively shown. This is
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