Presumptions in Civil Proceedings

In all civil proceedings not otherwise provided for by statute or rule, a presumption imposes on the party against whom it is directed either (A) the burden of producing evidence (Rule 303) or (B) the burden of persuasion (Rule 305). Rule 303. Presumption Affecting the Burden of Producing Evidence in Civil Cases Defined. — A presumption affecting the burden of producing evidence is a presumption established to implement no public policy other than to facilitate the determination of the particular action in which the presumption is applied. Such a presumption may arise when (1) logically the presumed fact is so likely to be true and so little likely to be disputed that the efficient use of judicial resources requires it to be assumed in the absence of contrary evidence, (2) evidence of the non- existence of the presumed fact, if any, is much more readily available to the party against whom the presumption operates, or (3) there is no direct evidence of the existence or nonexistence of the presumed fact, but common experience indicates that such evidence usually exists in such cases. Rule 304. Effect of Presumption Affecting Burden of Producing Evidence in Civil Cases. — (a) Effect of Presumption Affecting Burden of Producing Evidence. The effect of a presumption affecting the burden of producing evidence in civil cases is to require the trier of fact to assume the existence of the presumed fact unless and until evidence is introduced which would support a finding of its nonexistence, in which case the trier of fact shall determine the existence or nonexistence of the presumed fact from the evidence and without regard to the presumption. Nothing in this section shall be construed to prevent the drawing of any inference that may be appropriate. (b) Inconsistent Presumptions. If two presumptions arise which are conflicting with each other, the court shall apply the presumption which is founded on the weightier considerations of policy and logic. If there is no such preponderance, neither presumption applies. Rule 305. Presumption Affecting the Burden of Persuasion in Civil Cases Defined. — A presumption affecting the burden of persuasion is a presumption established to implement some public policy other than to facilitate the determination of the particular action in which the presumption is applied, such as the policy in favor or establishment of a parent and child relationship, the validity of Page 4 of 26 February 2024 marriage, the stability of titles to property, or the security of those who entrust themselves or their property to the administration of others. Rule 306. Effect of Presumption Affecting Burden of Persuasion in Civil Cases — (a) Effect of Presumption Affecting Burden of Proof. The effect of a presumption affecting the burden of persuasion in civil cases is to impose upon the party against whom it operates the burden of proof as to the non-existence of the presumed fact. Nothing in this section shall be construed to prevent the drawing of any inference that may be appropriate. (b) Inconsistent Presumptions. If two presumptions arise which are conflicting with each other, the court shall apply the presumption which is founded on the weightier considerations of policy and logic. If there is no such preponderance, neither presumption applies.