In a civil action, a presumption affecting the burden of producing evidence is a presumption established to implement no major social policy, but rather to facilitate the determination of the particular action in which the presumption is applied.
Fla. Stat. § 90.303 — Presumption affecting the burden of producing evidence defined
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The "Bursting Bubble" Presumption Explained: This statute defines the first and most common type of presumption from the previous rule. This is the "bursting bubble" presumption, which is identical to the standard federal rule.
Purpose: The rule explains that this type of presumption does not exist to promote a major social policy. Instead, its purpose is purely practical: to help a particular trial run more smoothly and fairly. These presumptions are typically used to:
- Resolve a situation where direct proof of a fact is difficult to obtain.
- Shift the burden of producing evidence to the party who has better access to the proof.
Example (The Mailed Letter): The law presumes that a letter properly addressed and mailed was received by the person it was sent to. This presumption exists because it is very difficult for the sender to prove receipt. It is much easier for the recipient to produce evidence that they did *not* receive it (e.g., testimony of a chaotic mailroom, or that they were out of town). This presumption "facilitates the determination" of the case by placing the burden on the party in the best position to provide evidence on the issue.
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Cite as Fla. Stat. § 90.303 (2024)
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