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.
added in current removed in current
Compared to current version (2025).
In all civil actions and proceedings not otherwise provided for by Act of Congress or by these rules, a presumption imposes oncase, unless a federal statute or these rules provide otherwise, the party against whom ita presumption is directed has the burden of going forward withproducing evidence to rebut or meet the presumption, but. But this rule 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.he burden of persuasion, which remains on the party who had it originally.
(As amended Apr. 26, 2011, eff. Dec. 1, 2011.)