Also known as: disputable presumptions · rebuttable presumption
Written by attorneys · grounded in primary & secondary sources — see below
A presumption that shifts only the burden of production to the opposing party. The presumption disappears once the opponent introduces evidence sufficient to permit a reasonable factfinder to find the presumed fact untrue. The ultimate burden of persuasion remains with the party who originally benefited from the presumption.
Darius Dixon signed a document reciting that it was his last will and left his estate to his girlfriend. After his death his sister offered evidence that he executed the document solely to induce the girlfriend to remain in the relationship. The court admitted the extrinsic evidence and held that the rebuttable presumption of testamentary intent had been overcome.
Deborah Dunn left her former firm after representing Dawson Steel in a contract dispute and joined Dominion Capital, which was now adverse to Dawson. Dominion offered affidavits showing that Dunn was isolated from the matter and received no fees from it. The court found that the rebuttable presumption of shared confidences had been overcome by the timely screening procedures.
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Derek Douglas introduced statewide death-penalty statistics showing racial disparities in capital sentencing. The state responded with case-specific evidence that race played no role in his prosecution. The court treated the statistical pattern as creating only a rebuttable presumption that the state successfully met with individualized proof.
Daphne Doyle sued a manufacturer after developing asbestosis. The company offered evidence that the hazards were unknowable at the time of sale. The court held that the rebuttable presumption of knowledge shifted only the burden of production, which the company met with its proof of scientific uncertainty.
Dover Bank challenged state contribution caps as violating the First Amendment. The state relied on a presumption that large contributions create corruption. The court found the presumption rebuttable and required the state to produce evidence linking the specific limits to actual corruption risks.
Dylan Duffy alleged he was fired because of his age. The employer produced evidence that the decision rested on performance metrics unrelated to age. The court treated any initial presumption of discrimination as rebutted once the employer met its burden of production.
It shifts only the burden of production. Once the opposing party introduces evidence that would permit a reasonable factfinder to reject the presumed fact, the presumption drops out and the original party retains the ultimate burden of persuasion.
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A disputable presumption may be overcome by contrary evidence and disappears once that evidence is introduced. A conclusive presumption cannot be rebutted and establishes the presumed fact as a matter of law.
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Yes. Courts admit extrinsic evidence showing the document was created for a non-testamentary purpose such as leverage in a personal relationship. Once that evidence is introduced the presumption is overcome and the document is denied probate.
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The firm must demonstrate effective, timely screening that prevents the lawyer from any involvement in the matter and from sharing in fees derived from it. Successful rebuttal avoids disqualification of the new firm.
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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]…