• 2001 - Failure to Produce [Evidence][Witness]
  • C-80.30
    • Evidence
    • Evidence
    • Witnesses
  • If a Party has failed to [offer evidence under control of the Party] [produce a witness] and 1) the [evidence] [witness] would be available to that Party by the exercise of reasonable diligence, 2) the [evidence] [witness] was not equally available to the adverse Party, 3) a reasonably prudent person under the same or similar circumstances who had reason to believe [it] [the testimony] to be favorable, would have [offered the evidence] [produced the witness], and 4) no reasonable explanation for that failure is given, you may infer that the [evidence] [testimony of the witness] would have been unfavorable to that Party.
    • Scherbenske v. Maier, 71 NW2d 770 (ND 1955)
  • Notes: