Louisiana Revised Statutes 22:1931.4 – A. The burden of proof in an action instituted pursuant to this Part shall be a preponderance of the evidence.
Terms Used In Louisiana Revised Statutes 22:1931.4
- Conviction: A judgement of guilt against a criminal defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
§1931.4. Burden of proof; prima facie evidence; standard of review
A. The burden of proof in an action instituted pursuant to this Part shall be a preponderance of the evidence.
B. Proof by a preponderance of the evidence of a violation of La. Rev. Stat. 22:1924 shall be deemed to exist if the defendant has pled guilty or been convicted in any federal or state court when such charge arises out of circumstances which would be a violation of La. Rev. Stat. 22:1924.
C. The submission of a certified or true copy of a conviction shall be prima facie evidence of the same. The submission of the bill of information or of the indictment and the minutes of the court shall be prima facie evidence as to the circumstances underlying a criminal conviction or final plea.
Acts 2012, No. 862, §1.