Section 2.13 Federal Rules of Evidence Approach

• Library: Sources of Proof (2014 Ed.)

B. (§2.13) Federal Rules of Evidence Approach

Rule 301 of the Federal Rules of Evidence provides:

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.

Thus, the federal rules apparently adopt the “bursting bubble” or “Thayer” approach mentioned in §2.6 above. SPENCER A...