Fed. R. Evid. 302 — Applying State Law to Presumptions in Civil Cases
Plain English
In a federal civil case, when state law supplies the rule of decision for a claim or defense—think diversity / Erie cases—state law also governs the effect of any presumption on that claim or defense. Federal Rule 301 yields to state presumption law on state-law issues.
From the Courtroom
This is the Erie overlay for presumptions. In a diversity case governed by Florida substantive law, you do not apply FRE 301’s bursting-bubble rule to a Florida-law presumption—you apply Florida’s presumption law. Identify whose law supplies the rule of decision before you argue the effect of any presumption.
Key Points & Authority
- State law controls effect. State law governs the effect of a presumption on a claim or defense for which state law supplies the rule of decision.
- Erie application. Federal presumption rules give way to state law on state-law claims.
Florida Parallel
Florida Parallel: There is no direct Florida Evidence Code counterpart—Rule 302 is a federal choice-of-law (Erie) provision. In a diversity case applying Florida substantive law, Florida’s presumption statutes (§§ 90.301–90.304, Fla. Stat.) supply the effect of the presumption. Cross-reference is text-only for now; live links added in a later interlinking pass.
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)
In a civil case, state law governs the effect of a presumption regarding a claim or defense for which state law supplies the rule of decision.
Educational reference. Educational summary of the Federal Rules of Evidence, not legal advice.
What this rule means in plain English
In a federal civil case, when state law supplies the rule of decision for a claim or defense—think diversity / Erie cases—state law also governs the effect of any presumption on that claim or defense. Federal Rule 301 yields to state presumption law on state-law issues.