Rule 301 - Presumptions in General in Civil Actions and Proceedings(a)Effect. In all civil actions and proceedings when not otherwise provided for by statute, by judicial decision or by these rules, a presumption imposes on the party against whom it is directed the burden of going forward with evidence to rebut or meet the presumption, but does not shift to such party the burden of proof in the sense of the risk of nonpersuasion, which remains throughout the trial upon the party on whom it was originally cast. The burden of going forward is satisfied by the introduction of evidence sufficient to permit reasonable minds to conclude that the presumed fact does not exist. If the party against whom a presumption operates fails to meet the burden of producing evidence, the presumed fact shall be deemed proved, and the court shall instruct the jury accordingly. When the burden of producing evidence to meet a presumption is satisfied, the court must instruct the jury that it may, but is not required to, infer the existence of the presumed fact from the proved fact, but no mention of the word "presumption" may be made to the jury.(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)Inconsistent Presumption. If two presumptions arise which conflict with each other, the court shall apply the presumption which is founded on the weightier considerations of policy and logic. If there is no such preponderance, both presumptions shall be disregarded.Added by SCO 364 effective 8/1/1979 Ch. 80, SLA 2001 enacted a new subsection (b)(8) to AS 34.77.120 concerning the sufficiency of spousal testimony to rebut presumptions established under AS 34.77.120(b)(5) or (7). According to section 7 of the Act, this new subsection has the effect of amending Evidence Rule 301 by changing the rule's general criteria for the evidence that must be introduced to satisfy the burden of proof to rebut the presumptions.
Note: Chapter 45, SLA 2013 (HB 65) enacted various changes, including amendments to AS 34.77.110 relating to community property, effective September 9, 2013. According to section 47 of the Act, AS 34.77.110(i), enacted by section 43 of the Act, has the effect of amending Alaska Rule of Evidence 301 by specifying the evidence that is sufficient to rebut a presumption under AS 34.77.110(i).