Rule301. Presumptions in Civil Cases Generally
In a civil case,
2011 Advisory CommitteeNote. – The languageof this rule has been amended as part of the restyling of the Evidence Rules tomake them more easily understood and to make style and terminology consistentthroughout the rules. These changes are intended to be stylistic only. There isno intent to change any result in any ruling on evidence admissibility.
The text ofthis rule is adapted from Rule 301, Wyoming Rules of Evidence (1977), which isRule 301, Uniform Rules of Evidence (1974) except that the word"civil" is added in subdivision (a). Rule 301, Federal Rules ofEvidence, is a substantially different rule than that promulgated by the UnitedStates Supreme Court. Rule 301, as originally proposed by the United StatesSupreme Court, placed the burden upon the opposing party of establishing thenon-existence of a presumed fact once the party invoking the presumption hadestablished sufficient facts to give rise to the presumption, but Rule 301 aspromulgated by Congress adopted a substantially different rule limiting theeffect of presumption, not otherwise controlled by statute, to one of goingforward with proof rather than casting the burden of proof upon the opposingparty.
Rule 14, UtahRules of Evidence (1971) provided that except for presumptions which areconclusive or irrefutable, once the basic fact supporting the presumption isestablished "the presumption continues to exist and the burden ofestablishing the non-existence of the presumed fact is upon the party againstwhom the presumption operates . . . ." To the same effect, see
The UtahRules of Evidence (1971) did not prohibit the application of presumptions incriminal cases. Presumptions in criminal cases are not treated in this rule.See Utah Code Annotated, Section 76-1-503 (1953) or any subsequent revision ofthat section. Recent decisions of the United States Supreme Court in
Subdivision(b) is comparable in substance to Rule 15, Utah Rules of Evidence (1971). Utahlaw is believed to generally follow the position taken by the Uniform Rules ofEvidence (1974) and the provisions of Article III as originally promulgated bythe United States Supreme Court. See Presumptions in Utah: A Search forCertainty, 5 Utah L. Rev. 196 (1956).