§ 90.301, Fla. Stat. — Presumption Defined; Inferences
Plain English
A presumption is a legal assumption: once one fact is established, the law assumes another fact follows. Most presumptions are rebuttable — the other side can come forward and disprove the assumed fact — and only those the law makes conclusive can’t be challenged. A presumption is not the same as an inference: this section preserves the jury’s freedom to draw any appropriate inference on its own. And an important boundary — §§ 90.301–90.304 apply only in civil actions, not criminal cases.
From the Courtroom
Presumptions are leverage. Establish the basic fact and the burden shifts. The classic civil example: prove a letter was properly addressed, stamped, and mailed, and the law presumes it was received. The fight is no longer whether you proved receipt — it’s whether the other side can muster enough to rebut the presumption.
Key Points & Authority
- § 90.301, Fla. Stat. — A presumption is an assumption of fact the law draws from another established fact; presumptions are rebuttable unless conclusive, and inferences remain available to the trier of fact.
- Civil only: §§ 90.301–90.304 apply solely in civil actions; § 90.302 then classifies rebuttable presumptions as affecting the burden of producing evidence or the burden of proof.
- Federal parallel: Fed. R. Evid. 301 governs presumptions in civil cases (burden-shifting), with criminal presumptions handled separately.
Federal Parallel
The federal counterpart is Fed. R. Evid. 301, which addresses presumptions in civil cases — like Florida, shifting the burden of production while leaving the burden of persuasion where it started (Florida’s §§ 90.302–90.304 spell out the two presumption types in more detail).
About this rule walkthrough
Part of The Evidence Code, hosted by John M. Phillips — Board Certified Civil Trial Lawyer, Court TV analyst, admitted in 8 states + 9 federal districts + SCOTUS.
Free consultation: (904) 444-4444 · About John Phillips
Educational only — not legal advice.
Rule Text (verbatim from the Florida Supreme Court)
(1) For the purposes of this chapter, a presumption is an assumption of fact which the law makes from the existence of another fact or group of facts found or otherwise established.
(2) Except for presumptions that are conclusive under the law from which they arise, a presumption is rebuttable.
(3) Nothing in this chapter shall prevent the drawing of an inference that is appropriate.
(4) Sections 90.301-90.304 are applicable only in civil actions or proceedings.
Educational reference. Educational only — not legal advice.
What this rule means in plain English
Section 90.301 defines a presumption as an assumption of fact the law draws from another established fact; presumptions are rebuttable unless conclusive, inferences remain available, and §§90.301–90.304 apply only in civil actions.