Section 4.86 Evidence Not Offered Is Unfavorable to Party in Possession and Exclusive Control

• Library: Evidence 2017

21. (§4.86) Evidence Not Offered Is Unfavorable to Party in Possession and Exclusive Control

There may be a presumption against a party that fails to call a vital witness or produce available evidence in its possession. Hall v. Mo. Pac. R.R. Co., 738 S.W.2d 594 (Mo. App. E.D. 1987). The failure of a party to call a witness having knowledge of facts or circumstances vital to the case generally raises a presumption that the testimony would be unfavorable to the party failing to offer it. Leehy v. Supreme Express & Transfer Co., 646 S.W.2d 786 (Mo. banc 1983). This rule applies equally to tangible evidence. Alexander v. Bergmann, 666 S.W.2d 849 (Mo. App. E.D. 1984); Hall, 738 S.W.2d 594. This...