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Chapter 409

previous next Effective - 01 Sep 2003, see footnotebottom

  409.5-503.  Evidentiary burden. — (a)  In a civil action or administrative proceeding under this act, a person claiming an exemption, exception, preemption, or exclusion has the burden to prove the applicability of the claim.

  (b)  In a criminal proceeding under this act, a person claiming an exception or exclusion from definition has the burden of injecting the issue pursuant to section 556.051*, and a person claiming an exemption or qualification as a federal covered security has the burden of proving the claim as an affirmative defense pursuant to section 556.056*.


(L. 2003 H.B. 380)

Effective 9-01-03

*Sections 556.051 and 556.056 were repealed by S.B. 491, 2014, effective 1-01-17.

---- end of effective   01 Sep 2003 ----

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