§ 5.10 KEY POINTS

• Jurisdiction: United States

§ 5.10. KEY POINTS

Rule 301 covers rebuttable presumptions in civil cases. There is no rule dealing with criminal presumptions in the Rules of Evidence. Rule 301 does not create any presumptions; it merely governs their effect. The rule further limits its own reach by explicitly recognizing legislative authority over the effect of presumptions. The introductory language restricts the rule's application to civil cases "unless a federal statute or these rules provide otherwise."

Civil Presumptions

Much of the confusion surrounding the law of presumptions in civil cases arises from a lack of precise terminology.

Conclusive presumptions. Rule 301 governs only rebuttable presumptions. Conclusive or irrebuttable presumptions are actually substantive rules of law and are therefore beyond the scope of the Rules of Evidence.

Rebuttable presumptions. A presumption, as that term is used in Rule 301, is a procedural rule that defines the relationship between two facts — a basic fact and a presumed fact. If the basic fact is proved, the presumed fact must be accepted as established unless and until rebutted. For example, if a letter is properly addressed and mailed (basic facts), it must be accepted that the letter was received (presumed fact), unless sufficient evidence has been introduced to rebut the presumed fact.

Inferences. A presumption is mandatory. The presumed fact must be accepted once the basic fact is established. In contrast, an inference, which also involves a relationship between two facts, is permissive. For example, the doctrine of res ipsa loquitur involves an inference of negligence. Establishment of the basic facts permits, but does not compel, a conclusion of negligence. Nevertheless, such a recognized inference does serve the purpose of satisfying the plaintiff's burden of production on the issue of negligence.

Two theories. There are two principal views on the effect of presumptions in civil cases: (1) the Thayer theory, and (2) the Morgan theory. Under both theories, the presumption shifts the burden of production (or going forward with the evidence) and if the opponent fails to offer rebuttal...