Category: ARTICLE III. PRESUMPTIONS IN CIVIL CASES

RULE 302. APPLYING STATE LAW TO PRESUMPTIONS IN CIVIL CASES In a civil case, state law governs the effect of a presumption regarding a claim or defense for which state law supplies the rule of decision. Notes (Pub. L. 93–595, §1, Jan. 2, 1975, 88 Stat. 1931; Apr. 26, 2011, eff. Dec. 1, 2011.) Notes…

RULE 301. PRESUMPTIONS IN CIVIL CASES GENERALLY 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…