Colo. R. Evid. 301 (2026)

In all civil actions and proceedings not otherwise provided for by statute or by these rules, a presumption imposes upon 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 non-persuasion, which remains throughout the trial upon the party on whom it was originally cast.

COMMITTEE COMMENT

This rule is essentially identical to the Fed- 9; Joint Explanatory Statement of the Commiteral rule, thus achieving a desirable degree of tee of Conference; also 1 Jones, Evidence § 3.6 uniformity and simplicity. The rule gives all of (6th ed.); McCormick, Evidence, § 354 (2nd the proper traditional benefits of a presumption, ed. 1972). Contra, see Weiss v. Axler, 137 Colo. but places no new burdens upon the opposing 544, 328 P.2d 88 (1958). party. See House Report, p.7; Senate Report, p.