Presumptions. Whenever this subtitle creates a presumption with respect to a fact, or provides that a fact is presumed, the trier of fact must find the existence of the fact unless and until evidence is introduced that supports a finding of its nonexistence. (Dec. 30, 1963, 77 Stat. 636, Pub. L. 88-243, § 1; Apr. 27, 2013, D.C. Law 19-299, § 2, 60 DCR 2634.) Prior Codifications 2001 Ed., § 28:1-201(31). Section References This section is referenced in § 28-4902. Editor's Notes The 2013 revision of this article deleted former § 28:1-206. Former § 28:1-206 concerned a statute of frauds for kinds of personal property not otherwise covered, was derived from Dec. 30, 1963, 77 Stat. 636, Pub. L. 88-243, § 1; Apr. 9, 1997, D.C. Law 11-240, § 3(c), 44 DCR 1087. The other articles of the Uniform Commercial Code make individual determinations as to requirements for memorializing transactions within their scope, so that the primary effect of former Section 1-206 was to impose a writing requirement on sales transactions not otherwise governed by the UCC. Per the official commentary appearing under § 28:1-206: 'Deletion of former Section 1-206 did not constitute a recommendation as g requirement on sales transactions not otherwise governed by the UCC. Per the official commentary appearing under § 28:1-206: 'Deletion of former Section 1-206 did not constitute a recommendation as to whether such sales transactions should be covered by a Statute of Frauds; rather, it reflected determination that there was no need for uniform commercial law to resolve that issue.' Uniform Commercial Code Comment Source: Former Section 1-201(31). Changes from former law: None, other than stylistic changes. 1. Several sections of the Uniform Commercial Code state that there is a 'presumption' as to a certain fact, or that the fact is 'presumed.' This section, derived from the definition appearing in former Section 1-201(31), indicates the effect of those provisions on the proof process.
District of Columbia Legal Code