Adverse inference

Adverse inference

Adverse inference is a legal inference, adverse to the concerned party, drawn from silence or absence of requested evidence. It is part of evidence codes based on common law in various countries.

According to Lawvibe, "the 'adverse inference' can be quite damning at trial. Essentially, when plaintiffs try to present evidence on a point essential to their case and can’t because the document has been destroyed (by the defendant), the jury can infer that the evidence would have been adverse to (the defendant), and adopt the plaintiff’s reasonable interpretation of what the document would have said..." [ [http://lawvibe.com/virgin-gets-hammered-by-adverse-inference/ "Virgin Gets Hammered by Adverse Inference"] , LawVibe.com, April 4, 2007. ]

The United States Court of Appeals for the Eighth Circuit pointed out in 2004, in a case involving spoliation (destruction) of evidence, that "...the giving of an adverse inference instruction often terminates the litigation in that it is 'too difficult a hurdle' for the spoliating party to overcome. The court therefore concluded that the adverse inference instruction is an 'extreme' sanction that should 'not be given lightly'...". [ Morris v. Union Pacific R. R., 373 F.3d 896, 900 (8th Cir.2004)]

References


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