Legal Definitions - procedural presumption

A procedural presumption is a legal inference or assumption that a fact exists, based on the known or proven existence of some other fact or group of facts. It is a rule of evidence that calls for a certain result in a given case unless the adversely affected party overcomes it with other evidence. This shifts the burden of production or persuasion to the opposing party, who can then attempt to overcome the presumption.

For example, in a criminal trial, the prosecution may have the procedural presumption that the defendant is innocent until proven guilty. This means that the burden of proof is on the prosecution to prove the defendant's guilt beyond a reasonable doubt. The defense can attempt to overcome this presumption by presenting evidence that raises doubt about the prosecution's case.

Another example is the heeding presumption in products liability cases. This is a rebuttable presumption that an injured product user would have followed a warning label had the product manufacturer provided one. If the manufacturer did not provide a warning label, the burden of proof is on them to show that the injured user would not have heeded the warning even if it had been provided.