When an invention of fact objection is made, who bears the burden to show where in the materials the information is sourced?

When an invention of fact objection is made, who bears the burden to show where in the materials the information is sourced?

• A. The team presenting testimony bears the burden.
• B. The opposing team bears the burden.
• C. The judge bears the burden.
• D. The witness bears the burden.

Answer: (A)

The key idea is that the party offering testimony must show its factual basis in the record. When someone objects that a witness has invented facts, the proponent of the testimony bears the duty to point to exactly where in the materials the information comes from—cite the document, deposition, discovery response, or other record source that supports the fact. This keeps the evidence grounded in what’s already on the record rather than allowing invented claims to go unverified. If the proponent can identify the source in the record, the objection can typically be addressed, and the witness may proceed with the tied-back support. If the source can’t be shown or is missing, the fact may be excluded or the witness asked to rely on admissible sources. The opposing team isn’t the one carrying this initial burden, and the judge isn’t the one who must locate the source on the proponent’s behalf. The responsibility rests on the team presenting the testimony to demonstrate the origin of the information within the materials.

The key idea is that the party offering testimony must show its factual basis in the record. When someone objects that a witness has invented facts, the proponent of the testimony bears the duty to point to exactly where in the materials the information comes from—cite the document, deposition, discovery response, or other record source that supports the fact. This keeps the evidence grounded in what’s already on the record rather than allowing invented claims to go unverified.

If the proponent can identify the source in the record, the objection can typically be addressed, and the witness may proceed with the tied-back support. If the source can’t be shown or is missing, the fact may be excluded or the witness asked to rely on admissible sources.

The opposing team isn’t the one carrying this initial burden, and the judge isn’t the one who must locate the source on the proponent’s behalf. The responsibility rests on the team presenting the testimony to demonstrate the origin of the information within the materials.