Rule 301 Presumptions in Civil Cases

When a court presumes something to be true in a civil case, the other side must come forward with evidence to challenge that presumption. For example, if the law presumes that a mailed letter was received, the person claiming they never got it must produce some evidence to back that up.

However, bringing in that evidence does not change who has to ultimately prove their case. The original party still carries the full responsibility of convincing the judge or jury that their side is correct. Challenging a presumption and winning the whole argument are two different things.