SC · rules
SCRE 301
Presumptions in General in Civil Actions and Proceedings
In all civil actions and proceedings not otherwise provided for by statute 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.
Note:
This rule is the same as the federal rule. It is consistent with the case law in this State.
See Long v. Metropolitan Life Insurance Co., 228 S.C. 498, 90 S.E.2d 915 (1956); Ford v.
Atlantic Coast Line R. Co., 169 S.C. 41, 168 S.E. 143 (1932).
Provenance
- Source
- www.sccourts.org
- Retrieved
- 2026-10-02
- Edition
- supplied-sc-04-print-version-2026-10-02
- Content hash
efda8fb3f373e122f63053a6ebecfc678d4aa4134be19f5f20b4b5006e355b4c
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