Disputable Presumptions in Nevada Law

The following disputable presumptions are available in Nevada court proceedings:

  1. That an unlawful act was done with an unlawful intent.
  2. That a person intends the ordinary consequences of that person’s voluntary act.
  3. That evidence willfully suppressed would be adverse if produced.
  4. That higher evidence would be adverse from inferior being produced.
  5. That money paid by one to another was due to the latter.
  6. That a thing delivered by one to another belonged to the latter.
  7. That things which a person possesses are owned by that person.
  8. That a person is the owner of property from exercising acts of ownership over it, or from common reputation of that ownership.
  9. That official duty has been regularly performed.
  10. That a court or judge, acting as such, whether in this State or any other state or country, was acting in the lawful exercise of the court’s or judge’s jurisdiction.
  11. That a judicial record, when not conclusive, does still correctly determine or set forth the rights of the parties.
  12. That a writing is truly dated.
  13. That a letter duly directed and mailed was received in the regular course of the mail.
  14. That a person not heard from in 3 years is dead.
  15. That a child born in lawful wedlock is legitimate.
  16. That the law has been obeyed.
  17. That a trustee or other person, whose duty it was to convey real property to a particular person, has actually conveyed to that person, when such presumption is necessary to perfect the title of such person or a successor in interest.
  18. In situations not governed by the Uniform Commercial Code:

(a) That an obligation delivered up to the debtor has been paid.

(b) That private transactions have been fair and regular.

(c) That the ordinary course of business has been followed.

(d) That there was good and sufficient consideration for a written contract.

NRS 47.250


See elements for other claims at the Nevada Law Library



The information provided on this site does not, and is not intended to constitute legal advice. You understand each legal matter should be considered to be unique and subject to varying results. You should not take or refrain from taking action based on any information contained on this website without first consulting legal counsel, as it is not intended to advise you on your particular matter. Further, you understand that no guarantee is given that the information contained herein is an accurate statement of the law at any given point in time, as the law is constantly changing. Guest bloggers are responsible for their own content, which is not to be construed as an article authored by NLB. Please see https://nevadalaw.info/disclaimer

Leave a comment