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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Jamerson v. Boone, 554 S.W.3d 899 (2018)

Citation
Jamerson v. Boone, 554 S.W.3d 899 (2018)
Parent Document
Jamerson v. Boone, 554 S.W.3d 899 (2018)
Jurisdiction
Missouri (state)
Effective Date
2018-07-17

Full Text

727 chars
Even if this affirmative defense had been sufficiently pled, it is not self-proving. See Brentmoor Place Residents Association v. Warren , 816 S.W.2d 7, 9 (Mo. App. E.D. 1991). Tenant, as the proponent of the defense, bore the burden of *904proving it at trial. See id. Tenant had to produce evidence that Landlord did not have the required certificate permitting occupancy at the time rent was being charged and evidence that such conduct was a violation of a law; then Tenant had to persuade the court to view the facts in a way favorable to his position. See generally White v. Director of Revenue , 321 S.W.3d 298, 305 (Mo. banc 2010) (defining components of burden of proof: burden of production and burden of persuasion).