Section 13.13 Failure of Party to Testify

LibraryCivil Trial Practice 2015 Supp

K. (§13.13) Failure of Party to Testify

An unfavorable inference may be drawn against a party failing to testify, and it is permissible to refer in final argument to such failure if the party has knowledge of the facts in controversy. Morrissey v. Morrissey, 935 S.W.2d 715, 718 (Mo. App. E.D. 1996); Pasternak v. Mashak, 428 S.W.2d 565 (Mo. 1967), cert. denied, 390 U.S. 907 (1968); Keith v. Burlington N. R.R. Co., 889 S.W.2d 911 (Mo. App. S.D. 1994).

2014 SUPPLEMENT (§13.13)

K. (§13.13) Failure of Party to...

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