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ARTICLE III. PRESUMPTIONS

Table of Contents

Article I. General Provisions
Article II. Judicial Notice
Article III. Presumptions
Rule 301
Rule 302
Article IV. Relevancy and Its Limits
Article V. Privileges
Article VI. Witnesses
Article VII. Opinions and Expert Testimony
Article VIII. Hearsay
Article X. Contents of Writings, Recordings,
and Photographs
Click here to see commentary on Revised Article III Rules.

Revised Rule 301. [Presumptions in General in Civil Actions and Proceedings] Effect of Presumptions [changes highlighted]

In all [civil] actions and proceedings not otherwise provided for by Act of Congress or by these rules, or restricted by the Constitution of the United States, 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] proving that the nonexistence of the presumed fact is more probable than its existence.

Click here to see commentary on Revised Article 301.

Revised Rule 301. Effect of Presumptions [clean copy]

In all actions and proceedings not otherwise provided for by Act of Congress or by these rules, or restricted by the Constitution of the United States, a presumption imposes on the party against whom it is directed the burden of proving that the nonexistence of the presumed fact is more probable than its existence.

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