What Is a Rebuttable Presumption?
A rebuttable presumption is a legal principle that presumes something to be true unless proven otherwise. The burden of proof lies with the party who wishes to rebut or disprove, the presumption. A rebuttable presumption is most often found in civil law, as opposed to criminal law.
In order for a rebuttable presumption to be created, there must be some sort of legal precedent or rule that establishes the presumption in the first place. For example, there is a rebuttable presumption in many jurisdictions that child support payments will continue until a child reaches the age of majority (18 or 21, depending on the jurisdiction). This presumption can be rebutted if the party paying child support can show that the child is no longer dependent on them.
There are two types of rebuttable presumptions: prima facie and conclusive. A prima facie presumption is one that can be overcome by presenting evidence to the contrary. A conclusive presumption, on the other hand, cannot be overcome with evidence. Once a conclusive presumption is in place, it is assumed to be true no matter what.
What Are Common Examples of Rebuttable Presumptions?
There are many different types of rebuttable presumptions, as they can be created by statutes, regulations, or case law. There are many different real-life examples of rebuttable presumptions. For instance, in the legal process known as discovery, there is a rebuttable presumption that all information requested by one party from another is discoverable. This means that, unless the party receiving the request can prove that the information is privileged or otherwise exempt from disclosure, they must turn it over to the requesting party.
Another example of a rebuttable presumption is the hearsay rule. Under this rule, statements made by someone other than the person testifying are not admissible as evidence. However, there are many exceptions to this rule, which allow for such statements to be considered by the court. These exceptions create rebuttable presumptions that the statements are reliable and can be used as evidence.
How Can a Family Lawyer Help Me?
If you have any questions or concerns about rebuttable presumptions, you should speak with a family lawyer. A family lawyer can help you understand how rebuttable presumptions may apply to your case and can advise you on the best course of action. Depending on your case, a family lawyer may also be able to help you rebut a presumption.
When Should I Contact a Lawyer?
Contacting a lawyer as soon as possible to help you with your legal needs is always a good idea. If you have any questions or concerns about rebuttable presumptions or any other legal issue, you should speak with a lawyer to get advice specific to your situation. Call us today at (501) 891-6000 to get the legal help you deserve.