missing witness rule

missing-witness rule. The doctrine that, when a party fails at trial to present a witness who is available only to that party and whose testimony would have been admissible, the jury is entitled to infer that the witness’s testimony would have been unfavorable to that party. [Cases: Criminal Law 317; Evidence 77; Trial 211. C.J.S. Criminal Law §§ 705–706; Evidence §§ 169–173; Trial §§ 501–504, 568.]

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词条贡献者

资深译员维皓，毕业于一所培养高级翻译以及跨文化事务专家的精英大学，专注翻译各种与反垄断诉讼有关的法律文件。