Also known as:prima facie presumptions · prima-facie presumption · rebuttable presumption
Written by attorneys · grounded in primary & secondary sources — see below
A rule of law that requires a certain result unless the party adversely affected produces evidence to overcome it. The presumption shifts only the burden of production and remains subject to rebuttal by contrary proof.
Sources & Authorities
How it applies
Common Examples
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Sham Will Executed for Leverage
Elliot signed a document labeled Last Will and Testament leaving his baseball team to Jordan. After Elliot died, his wife Maria offered text messages in which Elliot admitted the document was only a bargaining tool to secure a long-term contract. The court treats the document's formal language as creating a prima facie presumption of testamentary intent. Because the messages supply evidence of a collateral purpose, the presumption is rebutted and the instrument is denied probate.
Lateral Lawyer and Screening Measures
Lawyer Lopez moves from Firm A to Firm B. Lopez previously represented Client C in a substantially related matter. Client C moves to disqualify Firm B. The court recognizes a prima facie presumption that Lopez received confidential information. Firm B rebuts the presumption by showing it implemented timely, effective screens that prevented Lopez from any involvement or fee participation in the matter.
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Cases
Uniform Acts
Restatements
Casebooks
Dictionaries
Sanity Presumption in Criminal Trial
Defendant Davis is charged with murder and raises an insanity defense. The prosecution introduces lay testimony that Davis appeared rational on the day of the offense. The court instructs the jury that sanity is presumed unless the defense produces evidence sufficient to create a reasonable doubt. The prima facie presumption of sanity therefore remains unrebutted and the jury may convict.
Davis v. United States160 U.S. 469, 16 S.Ct. 353, 40 L.Ed. 499 (1895)
Rebuttable Presumption in Capital Sentencing
McCleskey challenges his death sentence by showing statistical disparities in capital cases involving Black defendants. The prosecution relies on the prima facie presumption that each sentencing decision rests on individualized, legitimate factors. Because McCleskey offers no evidence that racial bias infected his particular proceeding, the presumption is not overcome and the sentence stands.
McCleskey v. Kemp481 U.S. 279 (1987)
Jury Determination of Fines
Southern Union is convicted of environmental violations spanning many days. The government seeks a large fine based on the number of days of violation. The court holds that the prima facie presumption that the jury must find facts increasing the maximum fine applies. Because the jury did not determine the duration of the offense, the fine cannot exceed the statutory maximum supported by the verdict.
Southern Union Co. v. United States567 U.S. 343 (2012)
Admissibility of Subsequent Confession
After an unwarned statement, Elstad makes a second, warned confession at the station house. The defense argues the first statement taints the second. The court applies a prima facie presumption that a properly warned subsequent statement is voluntary and admissible. Because Elstad produces no evidence of coercion or improper tactics between the two statements, the presumption is not rebutted and the second confession is received.
Oregon v. Elstad470 U.S. 298 (1985)
Common questions
Frequently Asked
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How does a prima facie presumption differ from a conclusive presumption?+
A prima facie presumption requires a certain result only until the adversely affected party produces contrary evidence. A conclusive presumption fixes the result regardless of actual facts and cannot be rebutted.
Supporting sources
What burden does a prima facie presumption shift?+
It shifts only the burden of production. The party against whom the presumption operates must come forward with evidence. The burden of persuasion remains on the party who originally bore it.
Supporting sources
In a will contest, what evidence rebuts the prima facie presumption created by formal language?+
Extrinsic evidence showing the document was executed for a collateral, non-testamentary purpose rebuts the presumption. Text messages or statements admitting the instrument was a sham suffice to defeat probate.
Supporting sources
Does a prima facie presumption of confidential information in lateral-movement cases automatically disqualify the new firm?+
No. The new firm may rebut the presumption by demonstrating effective, timely screens that prevent the migrating lawyer from any involvement in the matter and from sharing in related fees.
Supporting sources
481 U.S. 279 (1987)Criminal Procedure
…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]…