as a defendant in a civil case , do I have to testify if I feel the plantiff has not reached his burden of proof?
1 Answer from Attorneys
If you do not feel the plaintiff has met the burden of proof as to his case in chief, then you can make a motion for nonsuit after the plaintiff rests his case. If the court denies the motion, you will have to present your case. You must also present your case as to any matters that constitute affirmative defenses.