FEDERAL RULES OF EVIDENCE
Effective July 1, 1975, as amended to December 1, 2007
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Article III  Presumptions In Civil Actions And Proceedings (Fed. Rules Evid. 301-302)

        Rule 301     Presumptions In General Civil Actions And Proceedings
        Rule 302     Applicability Of State Law In Civil Actions And Proceedings

FEDERAL RULES OF EVIDENCE
Effective July 1, 1975, as amended to December 1, 2007

Rule 301    Presumptions In General Civil Actions And Proceedings

In all civil actions and proceedings not otherwise provided for by Act of Congress or by these rules, a presumption imposes on the party against whom it is directed the burden of going forward with evidence to rebut or meet the presumption, but does not shift to such party the burden of proof in the sense of the risk of nonpersuasion, which remains throughout the trial upon the party on whom it was originally cast.

History:

(Jan. 2, 1975, P.L. 93-595, § 1, 88 Stat. 1931.)

For additional discussion of this rule see Issues Where Federal Rules Of Evidence Conflict With Case Law Or Are Silent: Examples Of Case Law Development Where FRE And Committee Notes Are Silent, FRE 301. 

FEDERAL RULES OF EVIDENCE
Effective July 1, 1975, as amended to December 1, 2007

Rule 302    Applicability Of State Law In Civil Actions And Proceedings

In civil actions and proceedings, the effect of a presumption respecting a fact which is an element of a claim or defense as to which State law supplies the rule of decision is determined in accordance with State law.

History:

(Jan. 2, 1975, P.L. 93-595, § 1, 88 Stat. 1931.)