Rule 302. Presumptions in Criminal Cases

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Michigan Court Rules › Michigan Rules of Evidence › MRE 302

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.

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(a) Scope. In a criminal case, this rule governs a presumption against a defendant that is

recognized at common law or is created by statute, including statutory provisions that certain

facts are prima facie evidence of other facts or of guilt.

(b) Instructing the Jury. When a presumed fact against a defendant is submitted to the jury, the

court must instruct the jury that:

(1) it may or may not conclude from the basic facts that the presumed fact is true; and

(2) the prosecution still bears the burden of proof beyond a reasonable doubt of all the

elements of the offense.

RULES 401–411

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.

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