NC · jury_instructions
N.C.P.I.—Motor Vehicle 101.39
EVIDENCE-SPOLIATION BY A PARTY.
Evidence has been received which tends to show that (describe
despoiled evidence) was in the exclusive possession of (name party) and
has been [lost] [misplaced] [suppressed] [destroyed] [corrupted] even
though (name party) was aware of (name other party's) [claim] [defense].
From this you may infer, though you are not compelled to do so, that
(describe despoiled evidence) would be damaging to (name party). You
may give this inference such force and effect as you think it should have
under all of the facts and circumstances. (You are permitted this
inference even though there is no evidence (name party) acted
intentionally, negligently or in bad faith.) (You should not make this
inference if you find that [the (describe despoiled evidence) was equally
accessible to both parties] [there is a fair, frank and satisfactory
explanation of what happened to the (describe despoiled evidence).]
History
N.C.P.I.—Motor Vehicle 101.39 (May 2001). Prepared by the North Carolina Conference of Superior Court Judges' Committee on Pattern Jury Instructions, assisted by the UNC School of Government; published by the School of Government.
Provenance
- Source
- sog.unc.edu
- Retrieved
- 2026-09-25
- Edition
- 2026-09-24
- Content hash
12562f7229006f694fcafad2b2fad44498430e2c325e336787edb759a0c66d36
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