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  • Thanks! Wikipedia's Adverse inference; United States "This rule applies not only to evidence destroyed but also to evidence existing but not produced by the party as well as to evidence under a party's control but not produced... The adverse inference is based upon the presumption that the party who controls the evidence would have produced it, if it had been supportive." In my example the party seems powerless to produce it, which seems contrary to this presumption. Of course running out of cash could be intentional
    – uhoh
    Commented Aug 16, 2023 at 22:28
  • Can a [plaintiff] in the US be required to produce *paywalled documents?* +1. What's next? Leave the country because you're being sued personally instead of under a company umbrella?
    – Mazura
    Commented Aug 17, 2023 at 1:01