Rule 2:301. Presumptions in General in Civil Actions and Proceedings

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Rule 2:301. PRESUMPTIONS IN GENERAL IN CIVIL ACTIONS AND PROCEEDINGS

Unless otherwise provided by Virginia common law or statute, in a civil action a rebuttable 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, which remains throughout the trial upon the party on whom it originally rested.

NOTES

Generally, "[a] presumption is a rule of law that compels the fact-finder to draw a certain conclusion or a certain inference from a given set of facts," and its primary significance is that it operates to shift to the opposing party the burden of producing evidence tending to rebut the presumption. Martin v. Phillips, 235 Va. 523, 526 (1988). On the general operation of presumptions in civil cases in Virginia, see Martin, 235 Va. at 526; Campbell v. Commonwealth, 162 Va. 818 (1934).

Under the "[u]nless otherwise provided"...