§ Rule 303 Presumption Affecting the Burden of Producing Evidence in Civil Cases Defined
Rule 303. Presumption Affecting the Burden of Producing Evidence in Civil Cases Defined
A presumption affecting the burden of producing evidence is a presumption established to implement no public policy other than to facilitate the determination of the particular action in which the presumption is applied. Such a presumption may arise when (1) logically the presumed fact is so likely to be true and so little likely to be disputed that the efficient use of judicial resources requires it to be assumed in the absence of contrary evidence, (2) evidence of the non-existence of the presumed fact, if any, is much more readily available to the party against whom the presumption operates, or (3) there is no direct evidence of the existence or nonexistence of the presumed fact, but common experience indicates that such evidence usually exists in such cases.