Rule · Federal Rules of Evidence

Fed. R. Evid. 301 — Presumptions in Civil Cases Generally

Fed. R. Evid. 301

Type: Rule
Source: Federal Rules of Evidence
Jurisdiction: Federal
Date: 2026-10-22
Current through: Nov 3, 2026 (Office of the Law Revision Counsel)

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.

Citator

Fed. R. Evid. 301 — Presumptions in Civil Cases Generally is in force in the current edition of the Code, and nothing recorded condemns it.

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.