Rule 301. PRESUMPTIONS IN GENERAL IN CIVIL ACTIONS AND PROCEEDINGS

RULE 301

PRESUMPTIONS IN GENERAL IN CIVIL ACTIONS AND PROCEEDINGS

In all civil actions and proceedings not otherwise provided for by statute 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.

Note:

This rule is the same as the federal rule. It is consistent with the case law in this State.

See

Long v. Metropolitan Life Insurance Co.

, 228 S.C. 498, 90 S.E.2d 915 (1956);

Ford v. Atlantic Coast Line R. Co.

, 169 S.C. 41, 168 S.E. 143 (1932).