W.Va. R. Evid. 301
As amended through January 31, 2024
In a civil case, and proceedings not otherwise provided for by statute or by these rules, the party against whom a presumption is directed has the burden of producing evidence to rebut the presumption. But this rule does not shift the burden of persuasion, which remains on the party who had it originally.
W.va. R. Evid. 301
COMMENT ON RULE 301
Rule 301 is taken verbatim from its federal counterpart with the exception of the phrase "and proceedings not otherwise provided for by statute or by these rules," which is taken from the state rule. The revised rule is substantively the same as the current state rule.