Utah R. Evid. 301

As amended through March 29, 2024

Rule 301 - Presumptions in Civil Cases Generally

In a civil case,

(a) unless a statute or these rules provide otherwise, the party against whom a presumption is directed has the burden of proving that the nonexistence of the presumed fact is more probable than its existence.

(b) If presumptions are inconsistent, the court determines which presumption applies based upon the weightier considerations of policy. If considerations of policy are of equal weight neither presumption applies.

Utah. R. Evid. 301

Advisory Committee Note. The language of this rule has been amended as part of the restyling of the Evidence Rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic only. There is no intent to change any result in any ruling on evidence admissibility.