1. A. Standard of proof. Unless otherwise provided by law, the standard of proof is a preponderance of the evidence.

2. B. Burden of proof. Unless otherwise provided by law:

   1. 1. The party asserting a claim, right, or entitlement has the burden of proof;
   2. 2. A party asserting an affirmative defense has the burden of establishing the affirmative defense; and
   3. 3. The proponent of a motion shall establish the grounds to support the motion.

Historical Note

New Section made by final rulemaking at 10 A.A.R. 1132, effective May 1, 2004 (Supp. 04-1).