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HomeEvidence CodeDiv. 5Ch. 3Art. 1§ 604 Presumption Burden Of Evidence

§ 604 Presumption Burden Of Evidence

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

§ 604 Presumption Burden Of Evidence

Key Takeaways

  • •If there's a rule that says 'assume something is true,' the judge or jury has to act like it's true unless someone shows proof it's not.
  • •Once someone shows proof that the assumed thing might not be true, the judge or jury decides based on the proof, not the assumption.
  • •This rule doesn't stop the judge or jury from making other guesses based on the proof they see.

Example

If someone is pulled over for drunk driving and refuses a breath test, the law might say to assume they were drunk.

The judge or jury has to act like the person was drunk unless the person shows proof they weren't. If the person shows proof, like a blood test saying they weren't drunk, then the judge or jury decides based on that proof, not the assumption.

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

Official Source
View on CA.gov

§ 604 Presumption Burden Of Evidence

The effect of a presumption affecting the burden of producing evidence is to require the trier of fact to assume the existence of the presumed fact unless and until evidence is introduced which would support a finding of its nonexistence, in which case the trier of fact shall determine the existence or nonexistence of the presumed fact from the evidence and without regard to the presumption. Nothing in this section shall be construed to prevent the drawing of any inference that may be appropriate. (Enacted by Stats. 1965, Ch. 299.)

Last verified: January 22, 2026

Key Terms

presumptionburden of producing evidencetrier of factpresumed factevidence

Related Statutes

  • § 601 Presumption Types And Effects
  • § 600 Presumptions And Inferences
  • § 606 Presumption Burden Of Proof
  • § 647 Process Server Return Presumption
  • § 722 Court Expert Witness Disclosure

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Evidence Code. Section 604.
View Official Source