Presumption
Presumption: A rule that lets a court treat a fact as true once another fact is proven, until it is rebutted. In federal civil cases, Federal Rule of Evidence 301 says a presumption shifts the burden of producing evidence to the other party but does not shift the burden of persuasion. A rebuttable presumption can be overcome with evidence, while a conclusive presumption cannot. The presumption of innocence is a basic rule of criminal law.
What presumption means
In short, presumption is a term you will meet in court papers, rules and legal research. The definition above gives its usual meaning in American civil practice. However, the exact meaning can depend on the rule, statute or court decision that uses it. So it helps to read the term in context.
Where presumption comes up
The term is used across many kinds of cases. For example, you may see it in pleadings, motions and court orders. To see it in context, browse the motions and procedures library or the Learn the Law topics.
Read the source: Presumed, Burden of proof.
How to research the term
First, read the term where it actually appears. A rule, statute or court decision may define it for its own purposes. Next, check whether your court has a local rule that uses presumption in a special way. Then look at recent decisions from courts in your jurisdiction. They show how judges apply the term today. Also, remember that state law can differ from federal law. For that reason, use our state procedures guide to find your state’s rules. Finally, confirm every source is current before you rely on it.
You can read the current federal court rules online for free.
Related legal terms
- Prejudice: harm to a party's legal rights. The word also describes whether a dismissal is final: a dismissal with prejudice bars refiling the same claim, while a dismissal without prejudice does not.
- Preliminary injunction: an order issued during a case, after notice, to preserve the situation until the case is decided.
- Preponderance of the evidence: the usual standard of proof in civil cases: the fact is more likely true than not.
- Presumed: treated as true by law until shown otherwise. For example, a defendant is presumed innocent until proven guilty, and a properly mailed letter is presumed to have been received. See Presumption.
Why precise terms matter
Courts read legal terms closely. As a result, knowing the exact meaning of a word helps you follow orders, rules and filings. Each glossary entry on Lawtopolis is short on purpose and links to the pages where the term is used.
Sources
Sources last reviewed: 2026-10-24
Lawtopolis provides legal information and education, not legal advice. Using this site does not create an attorney-client relationship. Laws and court rules vary by jurisdiction and change over time; verify every authority against the official source and consult a licensed attorney in your jurisdiction about your situation.