Me. R. Evid. 301

As amended through February 27, 2023

Rule 301 - Presumptions in Civil Cases Generally

(a) Effect. In a civil case, 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) Prima facie evidence. A statute providing that a fact or group of facts is prima facie evidence of another fact establishes a presumption within the meaning of this rule.

(c) Conflicting presumptions. If two presumptions conflict with each other, the court must apply the presumption that is more strongly supported by policy and logic. If neither presumption is more strongly supported by policy and logic, both presumptions must be disregarded.

Me. R. Evid. 301

Adopted effective 1/1/2015.

Maine Restyling Note [November 2014]

Maine Rule 301 is quite different from Federal Rule 301, in that the effect of a presumption is different and there are additional provisions dealing with the phrase "prima facie evidence" and conflicting presumptions. The proposed restyled Rule attempts to retain these distinctions in restyled format and language.

Federal Advisory Committee Note

The language of Rule 301 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.

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