Rule 301 Presumptions in General in Civil Actions and Proceedings

• Library: The Illinois Rules of Evidence: A Color-Coded Guide (2019 Ed.)

FEDERAL RULES OF EVIDENCE

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 it originally.

ILLINOIS RULES OF EVIDENCE

Rule 301. Presumptions in General in Civil Actions and Proceedings

In all civil actions and proceedings not otherwise provided for by rule, statute or court decision, a 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 in the sense of the risk of nonpersuasion, which remains throughout the trial upon the party on whom it was originally cast.

COMMENTARY

Author's Commentary on Ill. R. Evid. 301

IRE 301 is identical to the federal rule before the latter's amendment solely for stylistic purposes effective December 1, 2011, except for the minor adjustment due to the difference between federal and Illinois procedures.

Mandatory Presumptions Prohibited in Criminal Cases

Note that the rule applies only to civil cases. Mandatory presumptions in criminal cases are per se unconstitutional. That is so because mandatory presumptions deprive defendants of the constitutional guarantees of the presumption of innocence and the prosecution's...