When reasonable minds would necessarily agree that the evidence renders the existence of the basic facts more probable than not, but direct evidence is introduced contrary to the existence of the presumed fact, the question of the existence of the presumed fact is determined as follows:
1. If reasonable minds would necessarily agree that the direct evidence renders the nonexistence of the presumed fact more probable than not, the judge shall direct the jury to find against the existence of the presumed fact.
2. If reasonable minds would necessarily agree that the direct evidence does not render the nonexistence of the presumed fact more probable than not, the judge shall direct the jury to find in favor of the presumed fact.
3. If reasonable minds would not necessarily agree as to whether the direct evidence renders the nonexistence of the presumed fact 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 unless they find from the direct evidence that its nonexistence is more probable than its existence, in which event they should find against its existence.
(Added to NRS by 1971, 778)
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.