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13-1651. Inference where evidence is lost, destroyed or altered.

            ___________________ (plaintiff or defendant) says that evidence within the control of ___________________ (other party) was lost, destroyed or altered.  If you find that this happened, without a reasonable explanation, you may, but are not required to, conclude that the lost, destroyed or altered evidence would be unfavorable to ___________________ (other party).

USE NOTES

            This instruction may be given by the court when evidence in the control of one of the parties has been lost, destroyed or altered.

[Approved, effective March 21, 2005.]

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.