IL · jury_instructions
Ill. Pattern Jury Instr. (Civil) 5.00
FAILURE TO TESTIFY O
R PRODUCE EVIDENCE
INTRODUCTION
This section covers the failure of a party to produce evidence under his control, the failure
of a competent party to testify, and the situations which may arise under the “Dead Man's Ac t ”
(735 ILCS 5/8-201 (1994)).
Under the circumstances enumerated in IPI 5.01, a presumption arises that the evidence a
party fails to produce would be unfavorable to him. The instructions explaining the application of
the “Dead Man's Act” state the gener al rule that a party cannot testify on his own motion when
the adverse party is suing or defending in one of the enumerated capacities, and the exceptions to
the rule.
Provenance
- Source
- illinoiscourts.gov
- Retrieved
- 2026-08-20
- Edition
- 2026-08-19
- Content hash
5c98052c8ded636880567ac01eb1edb8346bce4201aa942c90f1f8af510520d0
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