Page:United States Statutes at Large Volume 76A.djvu/478

–382– -382§ 2764. Judicial notice in proceedings subsequent to trial (a) The failure or refusal of the judge to take judicial notice of a matter, or to instruct the trier of fact with respect to the matter, shall not preclude the judge from taking judicial notice of the matter in subsequent proceedings m the action. (b) The rulings of the judge pursuant to sections 2761, 2762, and 2763 of this title are subject to review. (c) The reviewing court in its discretion may take judicial notice of any matter specified by section 2761 of this title whether or not j udicially noticea by the j udge. (d) A judge or a reviewing court taking judicial notice under paragraph (a) or (c) of this section of matter not theretofore so noticed m the action shall afford the parties reasonable opportunity to present information relevant to the propriety of taking such judicial notice and to the tenor of the matter to be noticed. Subchapter III—Prf sumptions § 2791. Definition A presumption is an assumption of fact resulting from a rule of law which requires such fact to be assumed from another fact or group of facts found or otherwise established in the action. § 2792. Effect of presumptions Subject to section 2794 of this title, and except for presumptions which are conclusive or irrefutable under the rules of law from which they arise, (1) if the facts from which the presumption is derived have any probative value as evidence of the existence of the presumed fact, the presumption continues to exist and the burden of establishing the non-existence of the presumed fact is upon the party against whom the presumption operates, (2) if the facts from which the presumption arises have no probative value as evidence of the presumed fact, the presumption does not exist when evidence is introduced which would support a finding of the non-existence of the presumed fact, and the fact which would otherwise be presumed shall be determined from the evidence exactly as if no presumption was or had ever been involved. § 2793. Inconsistent presumptions If two presumptions arise which are conflicting with each other the judge shall apply the presumption which is founded on the weightier considerations of policy and logic. If there is no such preponderance both presumptions shall be disregarded. § 2794. Burden of proof not relaxed as to some presumptions A presumption, which by a rule of law may be overcome only by proof beyond a reasonable doubt, or by clear and convincing evidence, shall not be affected by section 2792 or 2793 of this title and the burden of proof to overcome it continues on the party against whom the presumption operates. Subchapter IV—Witnesses § 2821. Disqualification of witness; interpreters A person is disqualified to be a witness if the judge finds that ^1) the proposed witness is incapable of expressing himself concemmg the matter so as to be understood by the judge and jury either directly or through interpretation by one who can understand him, or (2) the proposed witness is incapable of understanding the duty of a witness to tell the truth. An interpreter is subject to all the provisions of this chapter relating to witnesses.

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