Rule 302 Presumption of Legitimacy

Maine Restyling Note [November 2014]

Maine’s version of Rule 302 is entirely different from Federal Rule 302, which is not necessary in Maine. The restyled Rule attempts to restate the Maine Rule in more succinct terms that resonate with the criminal burden of proof on which it is based. There is some question about whether this Rule continues to be necessary or appropriate in view of current developments that permit quick and easy determination of biological parentage.

Advisers’ Note to former M.R. Evid. 302

(February 2, 1976)

This rule gives separate treatment to the presumption of legitimacy. Proof beyond a reasonable doubt is required, for reasons of social policy, to rebut this presumption. The rule had its origin in bastardy proceedings but the policy is equally applicable in any action involving legitimacy.

Federal Rule 302 deals with the effect of a presumption in a case where state law supplies the rule of decision, typically a diversity of citizenship case. It obviously has no place in a state code of evidence.