1.19 Adverse Inference from Missing Witness is a legal doctrine that allows a court to draw an adverse inference against a litigant who fails to call a potentially relevant witness to testify. This doctrine may be applied when a party fails to call a witness who, based on their relationship with the party, is presumed to have knowledge of relevant facts or information. There are two types of adverse inferences from missing witness: implied and direct. Implied adverse inferences may be drawn when a party fails to call a witness who is known to the party and whose testimony would be helpful in proving the party's case. Direct adverse inferences may be drawn when a party fails to call a witness who is in possession of exclusive knowledge relevant to the case. In either case, the court may infer that the omitted evidence would have been unfavorable to the party's case.