Section 2.8 Intermediate Approach

• Library: Sources of Proof (2014 Ed.)

C. (§2.8) Intermediate Approach

There is an intermediate approach that has likewise been recognized by Missouri courts. Under this view, the presumption does not shift the burden of persuasion to the opponent of the presumption, but that party must produce something more than substantial evidence to rebut the presumption. See 2 MCCORMICK ON EVIDENCE § 343, p. 437 (John W. Strong ed., 5^th ed. 1999).

An example of this approach under Missouri law is the presumption of legitimacy in the context of paternity...