Title: Adverse Inference, Spoliation of Evidence & "Missing Witness"
Headings: Adverse Inference, Spoliation of Evidence and the Missing Witness Rule
Adverse Inference, Spoliation of Evidence and the Missing Witness Rule
What is an Adverse Inference?
When Can the Jury be Instructed to Draw an Adverse Inference at Trial?
Can a Party be Sanctioned for Spoliation of Evidence?
About Personal Injury Lawyer, Brent Wieand

Content: Ct. 1999). This rule may be applied in both civil and criminal cases. When the rule is applied to witnesses it is referred to as the “missing witness rule.” This “missing witness rule” generally applies when a potential witness is available to only one of the parties to a trial, and it appears this witness has special information material to the issue, and this person’s testimony would not be merely cumulative, then if such party does not produce the testimony of this witness. Under these circumstances, the jury may draw an inference it would have been unfavorable. Kovach at 8-9. Can a Party be Sanctioned for Spoliation of Evidence? If a party intentionally destroys or fails to preserve evidence he/she may be sanctioned by the court. The penalty for spoliation of evidence can range from an adverse inference, which is the least restrictive sanction possible, to other sanctions such as monetary damages or the preclusion of evidence and/or certain claims and defenses.