What is the effect of presumption affecting the burden of producing evidence?

California, United States of America


The following excerpt is from Gildsdorf v. Dep't of Motor Vehicles, E058683 (Cal. App. 2014):

The effect of a presumption affecting the burden of producing evidence is to require the "trier of fact to assume the existence of the presumed fact unless and until evidence is introduced to support a finding of its nonexistence in which event the trier of fact determines the existence or nonexistence of the fact from the evidence and without regard to the presumption." (Evid. Code, 604.) In other words, when met with "contradictory evidence," the presumption "disappears." (Craig v. Brown & Root, Inc. (2000) 84 Cal.App.4th 416, 421.)

Other Questions


What is the burden of producing evidence under the doctrine of presumption? (California, United States of America)
What is the effect of Evidence Code section 664 of the California Evidence Code on the burden of proof in a personal injury case? (California, United States of America)
Is there a "situation" where a plaintiff has been ordered to produce evidence under the Arizona Evidence Code under section 402 of the Evidence Code? (California, United States of America)
What is the burden of producing evidence and proving by a preponderance of that evidence that the conservatee is no longer gravely disabled? (California, United States of America)
What is the burden of producing evidence in a motion to suppress evidence? (California, United States of America)
What is the burden of demonstrating the inadmissibility of evidence in a motion to suppress evidence obtained in a search pursuant to a warrant? (California, United States of America)
Does a presumption affecting the burden of proof apply to an employee seeking reinstatement? (California, United States of America)
What is the effect of a court's decision to remove the exclusion of evidence from evidence in a civil case? (California, United States of America)
What is the effect of section 356 of the California Evidence Code on a witness giving evidence? (California, United States of America)
Does the delay in producing evidence in a criminal case affect the outcome of the trial? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.