Also known as: Stabit praesumptio donec probetur in contrarium · rebuttable presumption · praesumptio
Written by attorneys · grounded in primary & secondary sources — see below
An evidentiary rule under which a fact is taken as established unless and until the opposing party produces evidence sufficient to overcome it. The presumption shifts the burden of production to the party seeking to disprove the presumed fact while leaving the ultimate burden of persuasion on the party who originally relied on the presumption.
Samantha Stone signed a document reciting that it was her last will and leaving her estate to her boyfriend. After her death her daughter introduced voicemails in which Samantha told the boyfriend the document was signed only to pressure him into dropping a lawsuit. The court treated the recitals as raising a rebuttable presumption of testamentary intent that the voicemails overcame, so the document was denied probate.
Spencer Silver left his former firm after handling a matter for Sterling Dynamics and joined Stonehaven Properties. Sterling moved to disqualify Stonehaven. Stonehaven produced affidavits showing that Silver was isolated from the matter and received no fees from it. The court held that the rebuttable presumption of shared confidences had been overcome by the timely and effective screen.
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Sabrina Shah introduced statewide statistics showing that killers of white victims received death sentences far more often than killers of Black victims. The state introduced case-specific evidence that race played no role in the prosecutor's decision to seek death in Shah's case. The court treated the statistics as creating only a rebuttable presumption that was overcome by the individualized proof.
Seth Shapiro, age 58, was replaced by a 42-year-old after his position was eliminated. The employer produced evidence that the younger worker was chosen for superior qualifications unrelated to age. The court held that the initial inference of age discrimination was only a rebuttable presumption that the employer had successfully overcome.
Sean Steele sued Skyline Construction after developing asbestosis from insulation installed decades earlier. Skyline offered evidence that no manufacturer knew of the danger at the time of installation. The court instructed the jury that the state-of-the-art evidence rebutted the presumption that the product was defective when sold.
Steven Silva was charged with murder after shooting a neighbor. He introduced lay testimony that he had acted in a delusional state. The government presented expert testimony that Silva knew right from wrong. The court instructed the jury that the presumption of sanity was rebuttable and that the government bore the burden of proving sanity beyond a reasonable doubt once the issue was raised.
The opposing party must introduce evidence that, if believed, would support a finding contrary to the presumed fact. Once that evidence is received, the presumption disappears and the fact-finder decides the issue on the entire record.
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It shifts only the burden of production. The party relying on the presumption need not prove the presumed fact. The opponent must come forward with contrary evidence. The ultimate burden of persuasion remains on the party who would lose if the issue were left undecided.
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Yes. Evidence that the document was executed for a non-testamentary purpose, such as creating leverage in a business dispute, is admissible to show lack of testamentary intent and thereby rebut the presumption.
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The prior representation creates a rebuttable presumption that the migrating lawyer received confidential information. The new firm can rebut the presumption by proving timely and effective screening that prevents any involvement or fee sharing.
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…performed, that reveals that race more likely than not infects capital sentencing decisions. The Court's position converts a rebuttable presumption into a virtually conclusive one. The Court also declines to find McCleskey's evidence sufficient in view of "the safeguards designed to minimize racial bias in the [capital sentencing]…