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WPI 24.02 Presumptions—Rebuttable Mandatory—Which Only Affect the Burden of Going Forward With ...

6 WAPRAC WPI 24.02Washington Practice Series TMWashington Pattern Jury Instructions--Civil

6 Wash. Prac., Wash. Pattern Jury Instr. Civ. WPI 24.02 (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 24.02 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)
If you find(insert the basic facts), then you must find(insert the presumed fact).
NOTE ON USE
This instruction should be given only when the basic facts, but not the presumed fact, constitute a jury question. If the court can rule as a matter of law that the basic facts do exist, then it must also rule as a matter of law that the presumed fact exists, unless there is a contest on the presumed fact that raises a jury question. If the court rules as a matter of law on both the basic facts and the presumed fact, then no instruction on the presumption is necessary, because the point will be adequately covered in instructions on the law of the case.
COMMENT
For a discussion of presumptions that shift the burden of producing evidence rather than the burden of proof (known as “Thayer” presumptions or “bursting bubble” presumptions), see generally Tegland, 5 Washington Practice, Evidence Law and Practice §§ 301.13, 301.14 (6th ed.).
The text of this instruction is identical to WPI 24.01 (Presumptions—Conclusive), 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 in which the instruction is appropriate.
[Current as of September 2018.]
End of Document