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Current as of January 01, 2025 | Updated by Findlaw Staff
(a) Argument by Counsel. Counsel is not permitted to make a missing-witness argument without first obtaining judicial approval; if approval is granted, the court must give a missing witness instruction.
(b) Jury Instruction. The court may instruct the jury that an adverse inference may be drawn from a party's failure to call a witness when
(1) the witness is shown to be available;
(2) the witness is friendly, or at least not hostile, to the party;
(3) the witness is expected to give noncumulative testimony of distinct importance to the case; and
(4) there is no logical or tactical explanation for the failure to call the witness.
Cite this article: FindLaw.com - Massachusetts Guide to Evidence 2025 Edition MA R EVID § 1111 - last updated January 01, 2025 | https://codes.findlaw.com/ma/massachusetts-guide-to-evidence-2025-edition/ma-r-evid-sect-1111/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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