TITLE THREE — INFERENCES, PRIMA FACIE EVIDENCE, AND PRESUMPTIONS
Rule 301. Civil Proceedings
Scope. This section applies to all civil actions and proceedings, except as otherwise specifically provided by a statute, the common law, a rule, or a regulation.
Inferences. An inference is a step in reasoning that the fact finder may make from evidence that has been accepted as believable. A fact may be inferred even though the relationship between the basic fact and the inferred fact is not necessary or inescapable, so long as it is reasonable and possible.
Prima Facie Evidence. Where a statute or regulation provides that a fact or group of facts is prima facie evidence of another fact at issue, the party against whom the prima facie evidence is directed has the burden of production to rebut or meet such prima facie evidence. If that party fails to come forward with evidence to rebut or meet the prima facie evidence, the fact at issue is to be taken by the fact finder as established. Where evidence is introduced sufficient to warrant a finding contrary to the fact at issue, the fact finder is permitted to consider the prima facie evidence as bearing on the fact at issue, but it must be weighed with all other evidence to determine whether a particular fact has been proved. Prima facie evidence does not shift the burden of persuasion, which remains throughout the trial on the party on whom it was originally cast.
Presumptions. A presumption imposes on the party against whom it is directed the burden of production to rebut or meet that presumption. The extent of that burden may be defined by statute, regulation, or the common law. If that party fails to come forward with evidence to rebut or meet that presumption, the fact is to be taken by the fact finder as established. If that party comes forward with evidence to rebut or meet the presumption, the presumption shall have no further force or effect. A presumption does not shift the burden of persuasion, which remains throughout the trial on the party on whom it was originally cast.
The Two Burdens.
The “burden of production” is the obligation of a party to introduce evidence sufficient to support a finding upon an issue, and is a question for the court.
The “burden of persuasion” is the obligation of a party to persuade the trier of fact of the existence of a fact to the standard the law requires, and is a question for the trier of fact.
A party who fails to satisfy a burden of production upon an issue essential to that party’s claim or defense is not entitled to have the issue submitted to the trier of fact.
Standard of Proof. The party bearing the burden of persuasion upon an issue in a civil proceeding must sustain it by a preponderance of the evidence, unless the Constitution, a statute, or the common law requires clear and convincing evidence or another standard, in which case that standard governs. The court shall state the applicable standard in its instructions or, where no jury sits, in its findings.
The Basic Facts. A presumption or a provision of prima facie evidence operates only upon a finding of the basic facts on which it depends. Where the basic facts are disputed, the trier of fact shall first determine them by a preponderance of the evidence, and the court shall so instruct.
Instructing Upon Inferences and Presumptions.
Where a jury sits, the court shall instruct that an inference is permissive; that the jury may accept or reject it; and that the burden of persuasion remains upon the party on whom it was originally cast.
Where a presumption or a statutory provision of prima facie evidence applies, the court shall instruct upon the basic facts, upon the effect of a finding of those facts, and upon the effect of evidence rebutting or meeting the presumption.
Where no jury sits, the court shall state in its findings the inferences it draws, the presumptions it applies, and the standard of proof it has applied, as the Ridgeway Rules of Civil Procedure require of findings by the court.
Conflicting Presumptions. Where two presumptions apply and are inconsistent, the presumption founded upon the weightier considerations of policy and reliability applies. Where neither is weightier, both are disregarded and the issue is determined upon the evidence.
Conclusive Presumptions. A provision of law declaring a fact to be conclusively established upon proof of another fact is a rule of substantive law, is not a presumption within the meaning of this rule, and is not subject to rebuttal.
Presumptions and Prima Facie Provisions to Be Identified. A party relying upon a presumption or upon a statutory or regulatory provision of prima facie evidence shall identify the provision on the record, and shall do so before the close of the evidence. The court shall determine whether the provision applies, whether the basic facts are within the evidence, and what burden it imposes.
Particular Inferences Preserved. Nothing in this rule limits:
the inference available upon the spoliation or destruction of evidence, and the sanctions the court may impose under Rule 1101;
the inference from a party’s conduct evincing consciousness of liability under Rule 1105(2), which alone cannot sustain the burden to establish liability;
the missing witness inference under Rule 1106, which counsel shall not argue without the approval of the court; or
the inference the trier of fact may draw from the failure of a party to produce evidence peculiarly within that party’s control, where the evidence would be material and no adequate explanation for its absence appears.
Judicial Notice Not a Substitute. A fact judicially noticed under Rule 201 is established as Rule 201(10) provides and does not operate as a presumption; a presumption does not dispense with the requirement that the basic facts be proved or judicially noticed.