Rule 301. Presumptions in General in Civil Actions and Proceedings

(a) Effect. In all civil actions and proceedings when not

otherwise provided for by statute, by judicial decision or by

these rules, a presumption imposes on the party against whom

it is directed the burden of going forward with evidence to

rebut or meet the presumption, but does not shift to such party

the burden of proof in the sense of the risk of nonpersuasion,

which remains throughout the trial upon the party on whom it

was originally cast. The burden of going forward is satisfied by

the introduction of evidence sufficient to permit reasonable

minds to conclude that the presumed fact does not exist. If the

party against whom a presumption operates fails to meet the

burden of producing evidence, the presumed fact shall be

deemed proved, and the court shall instruct the jury

accordingly. When the burden of producing evidence to meet a

presumption is satisfied, the court must instruct the jury that it

may, but is not required to, infer the existence of the presumed

fact from the proved fact, but no mention of the word

“presumption” may be made to the jury.

(b) Prima Facie Evidence. A statute providing that a

fact or group of facts is prima facie evidence of another fact

establishes a presumption within the meaning of this rule.

(c) Inconsistent Presumption. If two presumptions

arise which conflict with each other, the court shall apply the

presumption which is founded on the weightier considerations

of policy and logic. If there is no such preponderance, both

presumptions shall be disregarded.

Note:

Ch. 80, SLA 2001 enacted a new subsection (b)(8) to

AS 34.77.120 concerning the sufficiency of spousal testimony

to rebut presumptions established under AS 34.77.120(b)(5) or

ich conflict with each other, the court shall apply the

presumption which is founded on the weightier considerations

of policy and logic. If there is no such preponderance, both

presumptions shall be disregarded.

Note:

Ch. 80, SLA 2001 enacted a new subsection (b)(8) to

AS 34.77.120 concerning the sufficiency of spousal testimony

to rebut presumptions established under AS 34.77.120(b)(5) or

(7). According to section 7 of the Act, this new subsection has

the effect of amending Evidence Rule 301 by changing the

rule’s general criteria for the evidence that must be introduced

to satisfy the burden of proof to rebut the presumptions.

Note:

Chapter 45, SLA 2013 (HB 65) enacted various

changes, including amendments to AS 34.77.110 relating to

community property, effective September 9, 2013. According

to section 47 of the Act, AS 34.77.110(i), enacted by section

43 of the Act, has the effect of amending Alaska Rule of

Evidence 301 by specifying the evidence that is sufficient to

rebut a presumption under AS 34.77.110(i).