Is the failure of a party to call an available witness a relevant evidence?
California, United States of America
The following excerpt is from Malabed-Verona v. Hollaway, B278154 (Cal. App. 2018):
Additionally, "[t]he failure of a [party] to call an available witness whom he could be expected to call if that witness['s] testimony would be favorable is itself relevant evidence. The omission traditionally has been considered an admission by conduct -- an admission that the witness's testimony would not be favorable. [Citations.]" (People v. Ford (1988) 45 Cal.3d 431, 448
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