Substitute House Bill No. 5584
Substitute House Bill No. 5584
PUBLIC ACT NO. 98-50
AN ACT CONCERNING THE FAILURE TO CALL A WITNESS AT
A CIVIL TRIAL.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
(NEW) No court in the trial of a civil action
may instruct the jury that an inference
unfavorable to any party's cause may be drawn from
the failure of any party to call a witness at such
trial. However, counsel for any party to the
action shall be entitled to argue to the trier of
fact during closing arguments, except where
prohibited by section 52-174 of the general
statutes, that the jury should draw an adverse
inference from another party's failure to call a
witness who has been proven to be available to
testify.
Approved May 19, 1998