Rule 301 Presumptions in Civil Actions Generally.
Rule Text
(a) Definitions. In this Article:
(1) “Basic fact” means a fact or group of facts that give rise to a presumption.
(2) “Inconsistent presumption” means that the presumed fact of one presumption is inconsistent with the presumed fact of another presumption.
(3) “Presumed fact” means a fact that is assumed upon the finding of a basic fact.
(4) “Presumption” means that when a basic fact is found to exist, the presumed fact is assumed to exist until evidence of the nonexistence of the presumed fact is offered into evidence.
(b) Operation of Presumptions. In a civil case, unless a Virgin Islands 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. In applying this principle:
• if the basic fact is shown, and the opponent offers no proof to rebut the presumed fact, the court will instruct a jury that if it finds the basic fact it may presume the existence of the presumed fact; but
• if the opponent offers proof rebutting the presumed fact, the court may not instruct the jury about the presumption, which has been eliminated from the case.
being most appropriate for Virgin Islands Rules, and the "bursting bubble" non-burden-of-proof- shifting provision from FRE 301 and the majority of states. The Advisory Committee elected to include the bulleted examples in subdivision (b) – which it believed will be helpful to the Bar in understanding application of presumption doctrines. See Inniss v. Inniss, 2016 V.I. Supreme LEXIS 29 (V.I. August 18, 2016); Rodriguez v. Rodriguez-Ramos, 2016 V.I. Supreme LEXIS 9 (V.I. March 16, 2016); Haynes v. Ottley, 61 V.I. 547 (V.I. 2014); Bryan v. Fawkes, 61 V.I. 416 (V.I. 2014); Rivera-Moreno v. Government of the Virgin Islands, 61 V.I. 279 (V.I. 2014); Island Tile & Marble v. Bertrand, 57 V.I. 596 (V.I. 2012); Bright v. United Corp., 50 V.I. 215 (V.I. 2008).