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HomeEvidence CodeDiv. 5Ch. 3Art. 1§ 601 Presumption Types And Effects

§ 601 Presumption Types And Effects

Evidence Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 601 Presumption Types And Effects

Key Takeaways

  • •There are two types of presumptions: conclusive and rebuttable.
  • •A rebuttable presumption can change who has to show evidence or who has to prove something in court.
  • •If it’s a conclusive presumption, you can’t argue against it—it’s final.

Example

If someone is presumed to be the parent of a child because they’re married to the mom when the baby is born.

This is a rebuttable presumption. It means the court starts by assuming that person is the parent, but someone can bring evidence (like a DNA test) to prove they’re not. If it were conclusive, no one could argue against it, even with proof.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 601 Presumption Types And Effects

A presumption is either conclusive or rebuttable. Every rebuttable presumption is either (a) a presumption affecting the burden of producing evidence or (b) a presumption affecting the burden of proof. (Enacted by Stats. 1965, Ch. 299.)

Last verified: January 22, 2026

Key Terms

presumptionconclusiverebuttableburden of producing evidenceburden of proof

Related Statutes

  • § 604 Presumption Burden Of Evidence
  • § 606 Presumption Burden Of Proof
  • § 600 Presumptions And Inferences
  • § 647 Process Server Return Presumption
  • § 1600 Recorded Property Document Evidence

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Evidence Code. Section 601.
View Official Source