Section 4.63 Injecting a Presumption

• Library: Evidence 2017

1. (§4.63) Injecting a Presumption

The first problem facing a litigator who believes that a presumption may be relevant to the case is how to bring the presumption to the court’s attention. The Rules of Civil Procedure may provide some assistance in this regard. For example, a plaintiff suing on a policy of insurance is entitled to plead generally that all conditions precedent to coverage (e.g., payment of premiums) have been satisfied; the defendant/insurer must then plead with specificity conditions...