Section 19-11-1 - (Rule 301) Effect of presumption in civil proceeding. - South-dakota Statutes

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19-11-1. (Rule 301) Effect of presumption in civil proceeding. In all civil actions and proceedings, unless otherwise provided for by statute or by chapters 19-9 to 19-18, inclusive, 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. When substantial, credible evidence has been introduced to rebut the presumption, it shall disappear from the action or proceeding, and the jury shall not be instructed thereon.

Source: Supreme Court Rule 78-2, Rule 301.

State Codes and Statutes

Statutes > South-dakota > Title-19 > Chapter-11 > Statute-19-11-1

19-11-1. (Rule 301) Effect of presumption in civil proceeding. In all civil actions and proceedings, unless otherwise provided for by statute or by chapters 19-9 to 19-18, inclusive, 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. When substantial, credible evidence has been introduced to rebut the presumption, it shall disappear from the action or proceeding, and the jury shall not be instructed thereon.

Source: Supreme Court Rule 78-2, Rule 301.

State Codes and Statutes

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State Codes and Statutes

Statutes > South-dakota > Title-19 > Chapter-11 > Statute-19-11-1

19-11-1. (Rule 301) Effect of presumption in civil proceeding. In all civil actions and proceedings, unless otherwise provided for by statute or by chapters 19-9 to 19-18, inclusive, 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. When substantial, credible evidence has been introduced to rebut the presumption, it shall disappear from the action or proceeding, and the jury shall not be instructed thereon.

Source: Supreme Court Rule 78-2, Rule 301.