CO · jury_instructions
CJI-Civ. 3:5
Permissible Inference Arising from Rebuttable Presumption
The trial court has discretion whether to give either version of this instruction, but the
supreme court has stated that “we disfavor instructions emphasizing specific evidence.” See
Notes on Use before giving this instruction.
Version 1 (to be used when any portion of the factual premise for applying a rebuttable
presumption is disputed):
You may, but are not required to, draw an inference that (insert description of fact or
conclusion that may be inferred) if you find that (insert description of the factual premise for
applying a rebuttable presumption).
If you draw this inference, you may consider it along with all the other evidence in
the case in deciding whether or not (state the issue to which the inference is relevant; e.g., the
defendant was negligent).
Version 2 (to be used when the factual premise for applying a rebuttable presumption is
undisputed).
In this case it is established that (state the factual premise for applying a rebuttable
presumption, if the premise is undisputed). From (this fact) (these facts) you may, but are not
required to, draw an inference that (insert description of fact or conclusion that may be
inferred).
If you draw this inference, you may consider it along with all the other evidence in
the case in deciding whether or not (insert description of fact or conclusion that may be
inferred).
History
CJI-Civ. (2026), Colorado Supreme Court Committee on Pattern Civil Jury Instructions. Dated 2026-02-25 by the committee page's "Revised 2/25/26".
Provenance
- Source
- www.coloradojudicial.gov
- Retrieved
- 2026-09-24
- Edition
- civ-2026-02-25
- Content hash
d2e474825560542fff7ca45e62a1e178741b85f40068e097c1abd98c7fcfd8a9
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