A presumption is a legal rule that allows or requires a factfinder to treat one fact as true when another fact is established.
Why a presumption matters
A presumption matters because it can affect who must produce evidence and how a legal issue is analyzed. Some presumptions are rebuttable, meaning the opposing party can introduce evidence against them. Others may be stronger or operate differently depending on the rule.
Presumptions can shape civil cases, criminal cases, family-law disputes, probate matters, and administrative proceedings.
Where a presumption appears
Presumptions appear in statutes, evidence rules, jury instructions, family-law standards, criminal procedure, probate disputes, and civil motions.
Practical example
A law may presume that a mailed notice was received after a certain number of days. The opposing party may be allowed to present evidence that the notice was not actually received.
How a presumption differs from nearby terms
A presumption differs from direct evidence because it is a legal inference rule, not the evidence itself. It differs from a prima facie showing because a prima facie showing concerns initial legal sufficiency.
Related terms
Quick knowledge check
Why can a presumption change what evidence the opposing party needs to offer?