Rule 301. Presumptions in general in civil actions and proceedings

Presumptions in general in civil actions and proceedings.

(a) Conclusive and rebuttable presumptions. Except for presumptions that are conclusive under the law from which they arise, a presumption is rebuttable.

(b) Types of rebuttable presumptions. Every rebuttable presumption is either:

(1) A presumption that affects the burden of producing evidence by requiring the trier of fact to assume the existence of the presumed fact, unless evidence sufficient to sustain a finding of the nonexistence of the presumed fact is introduced, in which event the existence or nonexistence of the presumed fact shall be determined from the evidence without regard to the presumption; or

(2) A presumption affecting the burden of proof by imposing upon the party against whom it operates the burden of proving the nonexistence of the presumed fact.

(c) Procedural impact. Unless otherwise provided by statute, a presumption established primarily to facilitate the determination of the particular action in which the presumption is applied, rather than to implement public policy, is a presumption affecting the burden of producing evidence.

(d) Inconsistent presumptions. If presumptions are inconsistent, the presumption applies that is founded upon weightier considerations of policy. If considerations of policy are of equal weight, neither presumption applies.

Committee Notes

Advisory Committee’s Notes Section (a). Conclusive and rebuttable presumptions. The law of presumptions is expansive and much debated. Virtually all discussions in this regard begin with the famous statement by Dean McCormick: “One ventures the assertion that ‘presumption’ is the slipperiest member of the family of legal terms, except for its first cousin, ‘burden of proof.’ ” E. Cleary, McCormick on Evidence § 342 (3d ed. 1984). The first issue in this area is that of when a presumption arises. Rule 301 does not attempt to resolve this issue. Recognition of presumptions is left to statutes, case law, and other rules of court. Suffice it to say, however, that a presumption is a creature of law that assists in the matter of proof by providing that in certain situations proven facts may be strong enough that from them the trier of fact may conclude that the presumed fact exists. Presumptions may be conclusive or rebuttable. Conclusive presumptions, not governed by this Rule 301, are those applied when because of certain proven facts the law requires the finder of fact to find another – presumed – fact. On the other hand, rebuttable presumptions, found throughout the legal system, are those under which a certain quantum of evidence gives rise to an inference of some other fact, but as to which fact the opposing party may offer evidence in rebuttal. Rebuttable presumptions are generally created by law – under statutes, case law, or rules of court – for such reasons as the promotion of some public policy (as in presumptions favoring the legitimacy of children), because the presumption is based upon human experience (illustrated by the presumption against suicide), or because of the peculiarities of the case affecting the ability to produce evidence (illustrated by the statutory presumption that upon proof of certain facts a railroad is presumed negligent). Alabama Great S. R.R. v. Morrison, 281 Ala. 310, 202 So.2d 155 (1967). See C. Gamble, McElroy’s Alabama Evidence § 4