Article III Presumptions in Civil Cases

Question 1

Rule 301 Presumptions in Civil Cases Generally

Answer 1

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.

Question 2

Rule 302 Applying State Law to Presumptions in Civil Cases

Answer 2

In a civil case, state law governs the effect of a presumption regarding a claim or defense for which state law supplies the rule of decision.