Rule 301. Presumptions in Civil Cases Generally

FederalCourt rules

Ask Donna

How this section applies to your facts.

Federal Rules of Evidence > Rule 301

This text was captured on Aug 14, 2026. It is a snapshot, not a live feed, so check the official code before relying on it.

Text

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. But this rule does not shift the burden of persuasion, which remains on the party who had it originally.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.

Rule 301. Presumptions in Civil Cases Generally · Fed. R. Evid. 301 | Frix