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RULES OF EVIDENCE

ARTICLE III. PRESUMPTIONS

Rule 301. Presumptions

 

In all actions and proceedings, unless the constitution, a statute, case law, or these rules provide otherwise, the party against whom a presumption is directed has the burden of producing evidence to rebut the presumption. But this rule does not shift the burden of persuasion, which remains on the party who had it originally.

2016 NHRE Update Committee Note

The 2016 amendment made stylistic changes to the rule.

The New Hampshire rule continues to depart from the federal rule. Federal Rule of Evidence 301 applies only to civil proceedings. New Hampshire Rule of Evidence 301, in both its prior and current forms, applies to both civil and criminal proceedings.


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