§ 40.120 Rule 308. Presumptions in civil proceedings

Here's what this rule means in a civil court case (like a lawsuit between two people or companies, not a criminal case):

When the law says something is "presumed" to be true, it shifts the work onto the other side to prove it's not true. The side facing the presumption has to show that it's more likely than not that the presumed fact is actually false.

For example, if a legal presumption says a mailed letter is assumed to have been received, the person who denies receiving it must prove it's more probable they didn't get it than that they did. It's not enough to just raise doubt or say "maybe I didn't get it." They have to tip the scales so it's more likely true than not that the presumed fact is wrong.

This matters because presumptions give one side a head start in proving their case. The other side carries the burden of knocking down that presumption with real evidence, not just a denial.