IL · jury_instructions
Ill. Pattern Jury Instr. (Civil) 5.01
Failure To P roduce Evidence or A Witness
If a party to this case has failed [t o of fer evidence] [to produce a witness] within his
pow
er to produce, you may infer that the [evidence] [testimony of the witness] would be adverse
to that party if you believe each of the following elements:
1. The
[evidence] [witness] was under the control of the party and could have been
produced by the exercise of reasonable diligence.
2.
The [evidence] [witness] was not equally available to an adverse party.
3. A r
easonably prudent person under the same or similar circumstances would have
[offered the evidence] [produced the witness] if he believed [it to be] [the testimony
would be] favorable to him.
4. N
o reasonable excuse for the failure has been shown.
Provenance
- Source
- illinoiscourts.gov
- Retrieved
- 2026-08-20
- Edition
- 2026-08-19
- Content hash
6a0a16f8c7fedf180f787876f0e8d18c18d83ebce7eed06ae58ad6fc43baeac4
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