JURY TRIAL: FAILURE TO EXPLAIN OR DENY EVIDENCE

Where a party fails to explain or deny evidence when it could have been reasonably explained or denied, the jury in a civil action may be instructed to consider such failure to explain or deny in evaluating the evidence. The jury must decide what meaning or importance, if any, there is in the failure to explain or deny evidence against the party.

This post is for informational purposes (see disclaimers). Credit is due to CACI jury instructions.

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