Section 2.16 Illustrative Missouri Presumptions

LibrarySources of Proof (2014 Ed.)

The following is a brief outline of some commonly encountered presumptions, including the source of the presumption and the quantum of proof necessary to “rebut” it. Many of these have been discussed above as examples. Statute citations are to the Missouri Revised Statutes 2000; if the citation is to RSMo Supp. 2013, that is indicated.

Presumed Fact

Basic Facts

Source

Rebuttal

Accidental Death

Death resulting from violent means

Common law

Substantial evidence

Agency

Driver operating vehicle owned by employer

Common law

Substantial evidence

Child support

Calculation under Civil Procedure Form 14

Rule 88.01

Substantial evidence

Death

Absence for 5 years

§ 472.290

Substantial...

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