ADVERSE-INTEREST RULE

ADVERSE-INTEREST RULE

adverse-interest rule. The principle that if a party fails to produce a witness who is within its power to produce and who should have been produced, the judge may instruct the jury to infer that the witness’s evidence is unfavorable to the party’s case. ¡ª Also termed empty-chair doctrine; adverse-inference rule. [Cases: Criminal Law 788; Evidence 77; Trial 211. C.J.S. Criminal Law ¡ì 1341; Evidence ¡ì¡ì 169¨C173; Trial ¡ì¡ì 501¨C504, 568.]
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