Section 2.2 Presumption” Defined

• Library: Sources of Proof (2014 Ed.)

A. (§2.2) “Presumption” Defined

A presumption is essentially a procedural device that substitutes for evidence on a material issue for which one party has the burden of “proof.” Terminal Warehouses of St. Joseph, Inc. v. Reiners, 371 S.W.2d 311 (Mo. 1963). Another definition is found in Missouri Evidence Guide §301(a) (MoBar 2003): “A presumption is an assumption of fact recognized in law from another fact or group of facts found or otherwise established in the action unless rebutted.” Perhaps the best shorthand...