When a presumption is made conclusive by statute or no direct evidence is introduced contrary to the existence of the presumed fact, the question of the existence of the presumed fact depends upon the existence of the basic facts and is determined as follows:
1. If reasonable minds would necessarily agree that the evidence renders the existence of the basic facts more probable than not, the judge shall direct the jury to find in favor of the existence of the presumed fact.
2. If reasonable minds would necessarily agree that the evidence does not render the existence of the basic facts more probable than not, the judge shall direct the jury to find against the existence of the presumed fact.
3. If reasonable minds would not necessarily agree as to whether the evidence renders the existence of the basic facts more probable than not, the judge shall submit the matter to the jury with an instruction to find in favor of the existence of the presumed fact if they find from the evidence that the existence of the basic facts is more probable than not, but otherwise to find against the existence of the presumed fact.
(Added to NRS by 1971, 777)
Structure Nevada Revised Statutes
Chapter 47 - General Provisions; Judicial Notice; Presumptions
NRS 47.020 - Scope of title 4 of NRS.
NRS 47.030 - Purposes of title 4 of NRS.
NRS 47.040 - Rulings on evidence: Effect of error.
NRS 47.050 - Rulings on evidence: Record of offer and ruling.
NRS 47.060 - Preliminary questions of admissibility: Determination.
NRS 47.070 - Preliminary questions of admissibility: Relevancy conditioned on fact.
NRS 47.080 - Determinations of admissibility: Hearing of jury.
NRS 47.090 - Preliminary hearings on confessions and evidence.
NRS 47.100 - Weight and credibility.
NRS 47.110 - Limited admissibility.
NRS 47.120 - Remainder of writings or recorded statements.
NRS 47.150 - Discretionary and mandatory notice.
NRS 47.160 - Opportunity to be heard.
NRS 47.170 - Time of taking notice.
NRS 47.180 - Presumptions generally: Effect; direct evidence.
NRS 47.190 - Determination on evidence of basic facts.
NRS 47.200 - Determination on evidence of presumed fact: Where basic facts established.
NRS 47.210 - Determination on evidence of presumed fact: Where basic facts lacking.
NRS 47.220 - Determination on evidence of presumed fact: Where basic facts doubtful.
NRS 47.230 - Presumptions against accused in criminal actions.