The phrase "evidentiary burden" refers to the responsibility someone has to provide enough proof or evidence to support their claim or argument. Full definition
Whether the decision will significantly affect patent prosecution practice remains to be seen, as applicants still have other incentives to disclose large volumes of art — and may have an even greater incentive to do so if the Supreme Court holds in Microsoft v. i4i that defendants» evidentiary burden of proving invalidity depends on what was disclosed and argued to the PTO. (perkinscoie.com)
Finally, bringing a s. 15 Charter claim is costly because of the heavy evidentiary burden in establishing comparator groups and adverse effect discrimination. (slaw.ca)
Before a court will review prosecutorial discretion, an accused must meet a threshold evidentiary burden. (supremeadvocacy.ca)