4.13 Missing Witness
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FAQ
The 'missing witness' instruction allows a jury to draw an unfavorable inference when a party fails to call a witness who would normally be expected to support that party's version of events (People v Savinon, 100 NY2d 192, 196 2003).
?Where a party has been unable to call a witness (or one who would give an open and honest account) for reasons outside its control, where it would plainly be wrong for the court to hold that against the party, whether by drawing an adverse inference against that party on a particular issue or by taking the absence of
Before charging you for contempt of court, the court may issue a body attachment which is like a warrant for your arrest. Once law enforcement agencies know your whereabouts, they may arrest you and hold you in custody until you testify or the case concludes.
Under the New York Pattern Jury Instructions an adverse inference charge is one form of sanction for a party's failure to produce physical evidence.
In a Nutshell: A missing witness' prior testimony can be admissible in court when the judge finds that the witness is ?unavailable,? which means the party seeking to introduce the prior testimony has made substantial, good faith and diligent efforts to find the witness, but been unsuccessful, and the prior testimony
?The 'missing-witness' rule?which dates back to 1893 Supreme Court case Graves v. United States?allows one party to obtain an adverse inference against the other for failure to produce a witness under that party's control with material information.
