Michigan Compiled Laws
Mich. R. Evid. 302 (2026)
Presumptions in Criminal Cases
✓ current as of July 2026
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(a) Scope. In a criminal case, this rule governs a presumption against a defendant that is recognized at common law or is created by statute, including statutory provisions that certain facts are prima facie evidence of other facts or of guilt. (b) Instructing the Jury. When a presumed fact against a defendant is submitted to the jury, the court must instruct the jury that: (1) it may or may not conclude from the basic facts that the presumed fact is true; and (2) the prosecution still bears the burden of proof beyond a reasonable doubt of all the elements of the offense.