Federal Rules of Evidence · Article III. Presumptions in Civil Cases

Rule 301. Presumptions in Civil Cases Generally

Federal Rules of Evidence, official text as in effect December 1, 2024.

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In a civil case, unless a federal statute or these rules provide otherwise, the party against whom a presumption is directed has the burden of producing evidence to rebut the presumption. But this rule does not shift the burden of persuasion, which remains on the party who had it originally.

(As amended Apr. 26, 2011, eff. Dec. 1, 2011.)

Source: Federal Rules of Evidence, December 1, 2024, Administrative Office of the United States Courts, uscourts.gov.

More in Article III. Presumptions in Civil Cases Rule 302. Applying State Law to Presumptions in Civil Cases

This page reproduces the official text of the Federal Rules of Evidence for reference. It is not legal advice and adds no commentary. It does not replace the official publication, local rules, or the law that applies in your court. Check the current official text before relying on it.