State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_8C > GS_8C-301

Article 3.

Presumptions in Civil Actions and Proceedings.

Rule 301. Presumptions in general in civil actions andproceedings.

In all civil actions and proceedings when not otherwise provided for bystatute, by judicial decision, or by these rules, a presumption imposes on theparty against whom it is directed the burden of going forward with evidence torebut or meet the presumption, but does not shift to such party the burden ofproof in the sense of the risk of nonpersuasion, which remains throughout thetrial upon the party on whom it was originally cast. The burden of goingforward is satisfied by the introduction of evidence sufficient to permitreasonable minds to conclude that the presumed fact does not exist. If theparty against whom a presumption operates fails to meet the burden of producingevidence, the presumed fact shall be deemed proved, and the court shallinstruct the jury accordingly. When the burden of producing evidence to meet apresumption is satisfied, the court must instruct the jury that it may, but isnot required to, infer the existence of the presumed fact from the proved fact.(1983, c. 701, s. 1.)