Prima facie
At first sight
Prima facie is a Latin term meaning "at first sight" and refers to evidence or an argument that appears sufficient on its face to support a fact or claim, unless the contrary is proved.
Prima facie evidence is evidence which, if not rebutted, is sufficient to draw a particular conclusion or to substantiate a claim. It is used in both civil and criminal proceedings to establish that reasonable grounds exist for further adjudication or a provisional ruling.
In Dutch legal practice, the concept serves primarily to allocate the burden of proof and to determine whether a party has adduced prima facie evidence. It creates a presumption that the opposing party may rebut by means of counter-evidence.
The term is relevant in that it lowers the threshold for commencing proceedings or obtaining interim relief, without the need for conclusive proof. It prevents weak or unmeritorious claims from being dismissed at the outset.
“The claimant has prima facie demonstrated that the defendant is in breach of contract.”
Need legal advice?
Schedule a free consultation with one of our specialists