ADVERSE-INTEREST RULE
adverse-interest rule.The principle that if a party fails to produce a witness who is within its
power to produce and who should have been produced, the judge may instruct the jury to infer that
the witness’s evidence is unfavorable to the party’s case. — Also termed empty-chair doctrine;
adverse-inference rule. [Cases: Criminal Law 788; Evidence 77; Trial 211. C.J.S. Criminal
Law § 1341; Evidence §§ 169–173; Trial §§ 501–504, 568.] [Blacks Law 8th]