Legal Definitions - missing-evidence rule

The missing-evidence rule is a legal principle that permits a jury or judge to draw an unfavorable inference against a party who, without reasonable explanation, fails to present evidence that is within their control and would naturally be expected to support their case. Essentially, if a party withholds relevant evidence during a trial, the fact-finder may conclude that the evidence, if presented, would have been detrimental to that party's position.

Here are a few examples to illustrate how the missing-evidence rule might apply:

• Imagine a lawsuit where a homeowner is suing a construction company, claiming the company used substandard materials for a roof replacement. The construction company asserts they used only high-quality materials from a specific supplier. However, during the trial, the company fails to produce any purchase orders, invoices, or delivery receipts for the materials, even though such documents are routinely kept in their business operations. Under the missing-evidence rule, the jury could infer that these missing documents would have shown the use of cheaper, lower-quality materials, thereby supporting the homeowner's claim.

• Consider a product liability case where a consumer sues a manufacturer, alleging that a defect in a newly purchased appliance caused a fire. The manufacturer claims the appliance was working perfectly when it left the factory and suggests the consumer misused it. The manufacturer has internal quality control reports for every unit produced, but they refuse to present the report for the specific appliance in question. The missing-evidence rule would allow the jury to infer that the withheld quality control report might contain information indicating a defect, which would be unfavorable to the manufacturer's defense.

• In a dispute over a car accident, one driver claims the other driver ran a red light. The accused driver insists they had a green light but refuses to provide the dashcam footage from their own vehicle, even though it was recording at the time of the accident and is easily accessible. The missing-evidence rule would permit the jury to infer that the dashcam footage, if shown, would confirm the accused driver ran the red light, thus weakening their defense.