# Rule 301, SCRE: Rule 301. PRESUMPTIONS IN GENERAL IN CIVIL ACTIONS AND PROCEEDINGS

> South Carolina · Court rules · In force

URL: https://www.frixlaw.com/law-library/statutes/SRULES_SC_SCRE_R301

## Section

- **Citation:** Rule 301, SCRE
- **Heading:** Rule 301. PRESUMPTIONS IN GENERAL IN CIVIL ACTIONS AND PROCEEDINGS
- **Jurisdiction:** South Carolina
- **Kind:** Court rules
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** South Carolina Court Rules / South Carolina Rules of Evidence / Rule 301, SCRE

## Text

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).

## Nearby sections

- [Rule 101, SCRE Rule 101. SCOPE](https://www.frixlaw.com/law-library/statutes/SRULES_SC_SCRE_R101.md)
- [Rule 102, SCRE Rule 102. PURPOSE AND CONSTRUCTION](https://www.frixlaw.com/law-library/statutes/SRULES_SC_SCRE_R102.md)
- [Rule 103, SCRE Rule 103. RULINGS ON EVIDENCE](https://www.frixlaw.com/law-library/statutes/SRULES_SC_SCRE_R103.md)
- [Rule 104, SCRE Rule 104. PRELIMINARY QUESTIONS](https://www.frixlaw.com/law-library/statutes/SRULES_SC_SCRE_R104.md)
- [Rule 105, SCRE Rule 105. LIMITED ADMISSIBILITY](https://www.frixlaw.com/law-library/statutes/SRULES_SC_SCRE_R105.md)
- [Rule 106, SCRE Rule 106. REMAINDER OF OR RELATED WRITINGS OR STATEMENTS](https://www.frixlaw.com/law-library/statutes/SRULES_SC_SCRE_R106.md)
- [Rule 201, SCRE Rule 201. JUDICIAL NOTICE OF ADJUDICATIVE FACTS](https://www.frixlaw.com/law-library/statutes/SRULES_SC_SCRE_R201.md)
- [Rule 301, SCRE Rule 301. PRESUMPTIONS IN GENERAL IN CIVIL ACTIONS AND PROCEEDINGS](https://www.frixlaw.com/law-library/statutes/SRULES_SC_SCRE_R301.md)
- [Rule 401, SCRE Rule 401. DEFINITION OF "RELEVANT EVIDENCE"](https://www.frixlaw.com/law-library/statutes/SRULES_SC_SCRE_R401.md)
- [Rule 402, SCRE Rule 402. RELEVANT EVIDENCE GENERALLY ADMISSIBLE; IRRELEVANT EVIDENCE INADMISSIBLE](https://www.frixlaw.com/law-library/statutes/SRULES_SC_SCRE_R402.md)
- [Rule 403, SCRE Rule 403. EXCLUSION OF RELEVANT EVIDENCE ON GROUNDS OF PREJUDICE, CONFUSION, OR WASTE OF TIME](https://www.frixlaw.com/law-library/statutes/SRULES_SC_SCRE_R403.md)
- [Rule 404, SCRE Rule 404. CHARACTER EVIDENCE NOT ADMISSIBLE TO PROVE CONDUCT; EXCEPTION; OTHER CRIMES](https://www.frixlaw.com/law-library/statutes/SRULES_SC_SCRE_R404.md)
- [Rule 405, SCRE Rule 405. METHODS OF PROVING CHARACTER](https://www.frixlaw.com/law-library/statutes/SRULES_SC_SCRE_R405.md)
- [Rule 406, SCRE Rule 406. HABIT; ROUTINE PRACTICE](https://www.frixlaw.com/law-library/statutes/SRULES_SC_SCRE_R406.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/SRULES_SC_SCRE_R301. Check the current official text before relying on it. Not legal advice.