PRESUMPTIONS IN GENERAL IN CIVIL ACTIONS AND PROCEEDINGS

South Carolina Rules of Evidence

Rule: 301

Jurisdiction: SC

Bluebook Citation: SCRE 301

In all civil actions and proceedings not otherwise provided for by statute or by these rules, a presumption imposes on the party against whom it is directed the burden of going forward with evidence to rebut or meet the presumption, but does not shift to such party the burden of proof in the sense of the risk of nonpersuasion, which remains throughout the trial upon the party on whom it was originally cast. Note: This rule is the same as the federal rule. It is consistent with the case law in this State. See Long v. Metropolitan Life Insurance Co. , 228 S.C. 498, 90 S.E.2d 915 (1956); Ford v. Atlantic Coast Line R. Co. , 169 S.C. 41, 168 S.E. 143 (1932).

Chat with this court rule using AI

Ask CiteLaw's AI Navigator anything about this court rule, verify citations, and research related authorities. Sign up for CiteLaw free today to get started.