CACI 205 Failure to Explain or Deny Evidence
California Civil Jury Instructions CACI
205 Failure to Explain or Deny Evidence
If a party failed to explain or deny evidence against [him/her/nonbinary pronoun/it] when [he/she/nonbinary pronoun/it] could reasonably be expected to have done so based on what [he/she/nonbinary pronoun/it] knew, you may consider [his/her/nonbinary pronoun/its] failure to explain or deny in evaluating that evidence.
It is up to you to decide the meaning and importance of the failure to explain or deny evidence against the party.
New September 2003; Revised December 2012
Directions for Use
This instruction should be given only if there is a failure to deny or explain a fact that is material to the case.
Sources and Authority
• Failure to Explain or Deny. Evidence Code section 413.