Federal Rules of Evidence: Burden of Proof In General. Below please find the Federal Rules of Evidence regarding the burden of proof and the burden of production. If you have any further questions or concerns and need the services of an attorney, please feel free to contact an lawyer in our Orange County office for a consultation with an attorney.

Rule 301. Presumptions in General Civil Actions and Proceedings

In all civil actions and proceedings not otherwise provided for by Act of Congress or by these rules, 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.

Rule 302. Applicability of State Law in Civil Actions and Proceedings

In civil actions and proceedings, the effect of a presumption respecting a fact which is an element of a claim or defense as to which State law supplies the rule of decision is determined in accordance with State law.

If you require the assistance of a criminal defense lawyer in Southern California for a white collar crime such as a forgery charge, please feel free to contact a criminal attorney in our Orange County office for further assistance.