empty chair doctrine

empty chair doctrine
Under this doctrine, a trial justice may charge a jury that it may infer from litigant's unexplained failure to produce an available witness who would be expected to give material testimony in litigant's behalf that witness, had he occupied empty chair, would have testified adversely to litigant. Myles v. Women and Infants Hosp. of Rhode Island, R.I., 504 A.2d 452, 454

Black's law dictionary. . 1990.

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