Sec. 52-216c. Failure to call a witness. Jury instruction prohibited; argument by counsel permitted. - Connecticut Statutes

      Sec. 52-216c. Failure to call a witness. Jury instruction prohibited; argument by counsel permitted. 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, 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.

      (P.A. 98-50.)

      Legislature intended not only that there be advance notice of counsel's intent to invite jury to draw an adverse inference from a party's failure to call a witness, but also that there be an advance ruling by trial judge that counsel has provided some evidentiary basis entitling him or her to do so. 72 CA 359.