An adverse inference instruction is a jury charge addressing missing evidence. Permissive versions allow the jury to infer the evidence was unfavorable, while mandatory versions require the presumption, and the difference materially affects outcome.
In federal court the instruction is available only on a finding of intent to deprive under Rule 37(e).
Alternative Names:
Spoliation Instruction, Adverse Inference
Why it Matters?
This instruction is among the most damaging outcomes available in civil litigation, and it usually decides the case. It supplies the jury with a court-endorsed reason to distrust the defendant generally, not merely on the specific missing item. Avoiding it is the practical purpose of every legal hold program.
Frequently Confused with
Related terms
Frequently asked questions
Is an adverse inference instruction automatic when evidence is lost?
What is the difference between permissive and mandatory instructions?
