prima facie

Prima facie is a Latin term that translates to “at first sight” or “based on first impression.” The phrase “prima facie” is used as an adjective or an adverb. As an adjective, prima facie describes a fact or presumption that is sufficient to be regarded as true unless otherwise disproved or rebutted. A prime example of the adjective use of prima facie would be “prima facie evidence.” When used as an adverb, prima facie means that it is regarded as true on first appearance but subject to additional examination or investigation. The main example of the adverb use would be “prima facie valid.” Therefore, many uses of the phrase prima facie are generally subject to further evidence or information

In a civil and criminal law context, the phrase usually suggests that a legal claim has adequate evidence so that it is reasonable for the court to proceed into trial or judgment. However, it can likely be hasty and irrational to make a final judgment by only a prima facie examination. For instance, a prima facie case may not stand or fall by itself if the opposing party provides additional information or asserts some type of affirmative defense. If the opposing party established that there could be a claim that reasonable minds may disagree about the outcome, then the initially prima facie case must go to trial.

In most cases, the party that brings in the case (usually, the plaintiff for civil cases and the prosecutor for criminal cases) has the burden of proof; the party with the burden of proof introduces the prima facie evidence for each element of the crime or tort suit charged against the defendant. The prima facie evidence presented at the beginning of the trial does not have to be conclusive or irrefutable. At the beginning of the trial, evidence against the prima facie evidence is not considered. However, the court is only concerned with whether the presented prima facie evidence has enough merit for the court to advance to a full trial.

The main objective of the prima facie doctrine is preventing the overflow of cases within our court system by blocking litigants from bringing baseless and unfounded charges which would waste time for all parties. 

See: Bell Atlantic Corp. v. Twombly, 550 U.S. 554 (2007), Swierkiewicz v. Sorema N.A., 534 U.S. 506 (2002), Hernandez v. New York, 500 U.S. 352 (1991) 

[Last updated in January of 2024 by the Wex Definitions Team]