47.180 - Presumptions generally: Effect; direct evidence. - Nevada Statutes

47.180  Presumptions generally: Effect; direct evidence.

      1.  A presumption, other than a presumption against the accused in a criminal action, imposes on the party against whom it is directed the burden of proving that the nonexistence of the presumed fact is more probable than its existence.

      2.  As applied to presumptions, “direct evidence” means evidence which tends to establish the existence or nonexistence of the presumed fact independently of the basic facts.

      (Added to NRS by 1971, 777)

      1.  Subsection 1 is taken from subdivisions (a) and (b) of Draft Federal Rule 3-03. Logically, this general rule and its procedural applications should precede the special rule for criminal actions taken from Draft Federal Rule 3-01.