In all civil actions and proceedings, unless otherwise provided for by statute or by this chapter, a presumption imposes on the party against whom it is directed the burden of going forward with evidence to rebut or meet the presumption, but does not shift to such party the burden of proof in the sense of the risk of nonpersuasion, which remains throughout the trial upon the party on whom it was originally cast. When substantial, credible evidence has been introduced to rebut the presumption, it shall disappear from the action or proceeding, and the jury shall not be instructed thereon.
S.D. Codified Laws § 19-19-301
Presumptions in civil cases
Applied in 8 court decisions — leading case Stromberger Farms, Inc. v. Johnson (2020)
Most recently applied in Parmely Trust v. Magness (September 2023)
Source: SL 1979, ch 358 (Supreme Court Rule 78-2, Rule 301); SDCL § 19-11-1.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.