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rebuttable presumption

A rebuttable presumption is a legal inference or assumption that a court accepts as true unless it is disproven by competent evidence . It requires the opposing party to produce evidence sufficient to rebut the presumption , though the burden of persuasion ultimately remains with the party who originally asserted the fact . For example, under many state laws , a child born to a married couple is presumed to be the legitimate child of the husband. This presumption may be overcome by clear and convincing evidence establishing otherwise.

Rebuttable presumptions differ from conclusive presumptions (also called irrebuttable presumptions), which remain binding even in the face of contrary evidence.

[Last reviewed in November of 2025 by the Wex Definitions Team
]

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