Burden of proof

Alabama Rules of Criminal Procedure

Rule: 32.3

Jurisdiction: AL

Bluebook Citation: Ala. R. Crim. P. 32.3

The petitioner shall have the burden of pleading and proving by a preponderance of the evidence the facts necessary to entitle the petitioner to relief. The state shall have the burden of pleading any ground of preclusion, but once a ground of preclusion has been pleaded, the petitioner shall have the burden of disproving its existence by a preponderance of the evidence.

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