§ Rule 304 Effect of Presumption Affecting Burden of Producing Evidence in Civil Cases

Rule 304. Effect of Presumption Affecting Burden of Producing Evidence in Civil Cases

    (a) Effect of Presumption Affecting Burden of Producing Evidence. The effect of a presumption affecting the burden of
producing evidence in civil cases is to require the trier of fact to assume the existence of the presumed fact unless and until evidence is introduced which would support a finding of its nonexistence, in which case the trier of fact shall determine the existence or nonexistence of the presumed fact from the evidence and without regard to the presumption. Nothing in this section shall be construed to prevent the drawing of any inference that may be appropriate.

    (b) Inconsistent Presumptions. If two presumptions arise which are conflicting with each other, the court shall apply the
presumption which is founded on the weightier considerations of policy and logic. If there is no such preponderance, neither presumption applies.