# D.R.E. 301: Rule 301. Presumptions in Civil Cases Generally

> Delaware · Court rules · In force

URL: https://www.frixlaw.com/law-library/statutes/SRULES_DE_DRE_R301

## Section

- **Citation:** D.R.E. 301
- **Heading:** Rule 301. Presumptions in Civil Cases Generally
- **Jurisdiction:** Delaware
- **Kind:** Court rules
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Delaware Court Rules / Other Rules / Delaware Uniform Rules of Evidence / D.R.E. 301

## Text

(a) Effect. In a civil case, unless a statute or these Rules provide otherwise,
the party against whom a presumption is directed has the burden of proving
that the nonexistence of the presumed fact is more probable than the
existence of the presumed fact.
(b) Inconsistent Presumptions. If presumptions are inconsistent, the
presumption founded upon weightier policy considerations applies. If policy
considerations are of equal weight, then neither presumption applies.
Comment
Pre-2017 Rule 301(a) was based on U.R.E. 301(a), except the word “civil”
was added in the first line.
The Committee rejected F.R.E. 301. F.R.E. 301 was adopted by Congress as
a substitute for the proposal of the United States Supreme Court Advisory
Committee. The Federal Rule as adopted by Congress embraces the “bursting
bubble” rule. See Usery v. Turner, 428 U.S. 1, 96 S. Ct. 2882, 49 L. Ed. 2d
752 (1976).
The rule adopted is similar to the rule proposed by the United States Supreme
Court Advisory Committee.
The Committee was aware of the holding in Bennett v. Andree, Del. Super.,
264 A.2d 353, aff’d, Del. Supr., 270 A.2d 173 (1970) and believes that its
holding is not in conflict with the rule set forth herein.

Pre-2017 Rule 301(b) tracked U.R.E. 301(b).
For prior Delaware case illustrating the law covered by this rule, see Hill v.
McKay, Del. Super., 113 A. 804 (1921).
D.R.E. 301 was amended in 2017 in response to the 2011 restyling of the
Federal Rules of Evidence. The amendment is intended to be stylistic only.
The pre-2017 “Comment” to D.R.E. 301 was revised only as necessary to
reflect the 2017 amendments. There is no intent to change any result in
ruling on evidence admissibility.

## Nearby sections

- [D.R.E. 101 Rule 101. Scope; Definitions](https://www.frixlaw.com/law-library/statutes/SRULES_DE_DRE_R101.md)
- [D.R.E. 102 Rule 102. Purpose and Construction](https://www.frixlaw.com/law-library/statutes/SRULES_DE_DRE_R102.md)
- [D.R.E. 103 Rule 103. Rulings on Evidence](https://www.frixlaw.com/law-library/statutes/SRULES_DE_DRE_R103.md)
- [D.R.E. 104 Rule 104. Preliminary Questions](https://www.frixlaw.com/law-library/statutes/SRULES_DE_DRE_R104.md)
- [D.R.E. 105 Rule 105. Limiting Evidence That Is Not Admissible Against Other](https://www.frixlaw.com/law-library/statutes/SRULES_DE_DRE_R105.md)
- [D.R.E. 106 Rule 106. Remainder of or Related Writings or Recorded Statements](https://www.frixlaw.com/law-library/statutes/SRULES_DE_DRE_R106.md)
- [D.R.E. 201 Rule 201. Judicial Notice of Adjudicative Facts](https://www.frixlaw.com/law-library/statutes/SRULES_DE_DRE_R201.md)
- [D.R.E. 202 Rule 202. Judicial Notice of Law](https://www.frixlaw.com/law-library/statutes/SRULES_DE_DRE_R202.md)
- [D.R.E. 301 Rule 301. Presumptions in Civil Cases Generally](https://www.frixlaw.com/law-library/statutes/SRULES_DE_DRE_R301.md)
- [D.R.E. 302 Rule 302. Applicability of State Law in Civil Actions and Proceedings](https://www.frixlaw.com/law-library/statutes/SRULES_DE_DRE_R302.md)
- [D.R.E. 303 Rule 303. Effect of Presumptions in Criminal Cases](https://www.frixlaw.com/law-library/statutes/SRULES_DE_DRE_R303.md)
- [D.R.E. 304 Rule 304. Res ipsa loquitur](https://www.frixlaw.com/law-library/statutes/SRULES_DE_DRE_R304.md)
- [D.R.E. 401 Rule 401. Test for Relevant Evidence](https://www.frixlaw.com/law-library/statutes/SRULES_DE_DRE_R401.md)
- [D.R.E. 402 Rule 402. General Admissibility of Relevant Evidence](https://www.frixlaw.com/law-library/statutes/SRULES_DE_DRE_R402.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/SRULES_DE_DRE_R301. Check the current official text before relying on it. Not legal advice.