Rule 301. PRESUMPTIONS IN CIVIL CASES GENERALLY

(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 its existence.

(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)

Conflicting presumptions. If two presumptions conflict with each

other, the court must apply the presumption that is more strongly

supported by policy and logic. If neither presumption is more strongly

supported by policy and logic, both presumptions must be disregarded.

Maine Restyling Note [November 2014]

Maine Rule 301 is quite different from Federal Rule 301, in that the

effect of a presumption is different and there are additional provisions dealing

27 Now subdivision (f).

with the phrase “prima facie evidence” and conflicting presumptions. The

proposed restyled Rule attempts to retain these distinctions in restyled

format and language.

Federal Advisory Committee Note

The language of Rule 301 has been amended as part of the restyling of

the Evidence Rules to make them more easily understood and to make style

and terminology consistent throughout the rules. These changes are intended

to be stylistic only. There is no intent to change any result in any ruling on

evidence admissibility.

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