909, 913 (1937) Morgan, Instructing the Jury upon Presumptions and Burdon of Proof, 47 Harv.L.Rev. Morgan and Maguire, Looking Backward and Forward at Evidence, 50 Harv.L.Rev. These considerations are not satisfied by giving a lesser effect to presumptions. The same considerations of fairness, policy, and probability which dictate the allocation of the burden of the various elements of a case as between the prima facie case of a plaintiff and affirmative defenses also underlie the creation of presumptions. Presumptions governed by this rule are given the effect of placing upon the opposing party the burden of establishing the nonexistence of the presumed fact, once the party invoking the presumption establishes the basic facts giving rise to it. See Rule 302 for presumptions controlled by state law and Rule 303 for those against an accused in a criminal case. This rule governs presumptions generally. Notes of Advisory Committee on Proposed Rules But this rule does not shift the burden of persuasion, which remains on the party who had it originally. 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.
0 kommentar(er)
