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WPI 24.01 Presumptions—Conclusive

6 WAPRAC WPI 24.01Washington Practice Series TMWashington Pattern Jury Instructions--Civil

6 Wash. Prac., Wash. Pattern Jury Instr. Civ. WPI 24.01 (7th ed.)
Washington Practice Series TM
Washington Pattern Jury Instructions--Civil
April 2022 Update
Washington State Supreme Court Committee on Jury Instructions
Part III. Issues—Burden of Proof
Chapter 24. Presumptions
WPI 24.01 Presumptions—Conclusive
If you find(insert the basic facts, as for example, that the child is under six years of age), then you must find(insert the presumed fact, as for example, for the child on the issue of contributory negligence).
NOTE ON USE
This instruction should be used only when the basic facts of a conclusive presumption are in issue, such as the age of a child. If there is no dispute as to the basic facts of a conclusive presumption, no instruction on the presumption is required because the point will be adequately covered in instructions on the law of the case.
COMMENT
Examples of cases recognizing conclusive presumptions include: Carey v. Reeve, 56 Wn.App. 18, 24 n.3, 781 P.2d 904 (1989) (conclusive presumption that child under age six is incapable of intending to harm others); Chapman v. Crawford, 38 Wn.App. 301, 685 P.2d 1104 (1984) (conclusive presumption that child under age six is incapable of negligence), reversed on other grounds 104 Wn.2d 241, 704 P.2d 1181 (1985); Peters v. Skalman, 27 Wn.App. 247, 617 P.2d 448 (1980) (conclusive presumption that one spouse cannot adversely possess community property). See also Tegland, 5 Washington Practice, Evidence Law and Practice § 301.9 (6th ed.).
The text of this instruction is identical to WPI 24.02 (Presumptions—Rebuttable Mandatory—Which Only Affect the Burden of Going Forward with the Evidence (When Basic Facts Constitute a Jury Question, But Not The Presumed Fact)), and WPI 24.04 (Presumptions—Rebuttable Mandatory—Which Affect the Burden of Proof (When Basic Facts Constitute a Jury Question, But Not Presumed Fact)). These instructions are set forth separately for convenience in deciding when to use them. The title, Note on Use, and Comment to each instruction indicate the circumstances when the instruction is appropriate.
[Current as of September 2018.]
End of Document