Evidence

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[Note: Selection of the proper form and its use and modification to suit individual facts and circumstances requires careful review of all the language by the user.]

CIVJIG 12.35 Failure to Produce Evidence- Inference

[The Committee recommends no instruction.]

[If a party either:

1. Does not call a witness who has material evidence, or

2. Does not produce evidence that the party could reasonably be expected to produce,

and fails to give a reasonable explanation, you may decide that the testimony or the evidence would have been unfavorable to that party.]