Vt. R. Evid. 301

As amended through November 4, 2024
Rule 301 - [Effective until 1/1/2025] Presumptions in Civil Cases
(a) Effect. In civil actions and proceedings, except as otherwise provided by law, a presumption imposes on the party against whom it operates the burden of producing evidence sufficient to support a finding that the presumed fact does not exist, but a presumption does not shift to such party the burden of persuading the trier of fact that the presumed fact does not exist.
(b) Prima facie evidence. A statute providing that a fact or group of facts is prima facie evidence of another fact establishes a presumption within the meaning of this rule.
(c) Submission to the jury and instructions.
(1) If the evidence of the basic fact is such that no reasonable juror could find the nonexistence of that fact and if the party against whom the presumption operates has not met the production burden imposed on him by subdivision (a) of this rule, the court shall direct the jury to find the existence of the presumed fact.
(2) If the evidence of the basic fact is sufficient to support a finding of the existence of that fact and if the party against whom the presumption operates has not met his production burden, the court shall submit the question of the existence of the basic fact to the jury and shall direct the jury to find the existence of the presumed fact if it finds the existence of the basic fact.
(3) If the evidence of the basic fact is at least sufficient to support a finding of the existence of that fact and if the party against whom the presumption operates has met his production burden, the court shall submit the question of the existence of the presumed fact to the jury on the evidence as a whole without reference to the presumption; provided that, if the court determines that a reasonable juror on the evidence as a whole could not find the existence of the presumed fact, it shall not submit that question to the jury.

Vt. R. Evid. 301