Evidence and Admissibility
Foundations
Rule 301 provides that a presumption shifts the burden of production but not persuasion in civil cases. Some statutory presumptions shift the burden of persuasion, and state rules vary substantially.
Conclusive presumptions are rules of substantive law.
Alternative Names:
Evidentiary Presumption|Rebuttable Presumption
Why it Matters?
Whether a presumption shifts production or persuasion determines its practical effect, and the federal bursting bubble approach means a presumption disappears once the opponent produces contrary evidence, leaving the original burden intact. State rules frequently differ, with some retaining the presumption's force after rebuttal evidence. Identifying which regime applies determines whether a presumption meaningfully assists the party invoking it.
Frequently Confused with
Related terms
Frequently asked questions
What is the bursting bubble approach?
Do state rules differ?
