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Adverse Inference: If the trier of fact finds a party guilty of spoliation, it is authorized to presume or infer that. the missing evidence reflected unfavorably on the spoliatorâs interest. McCleery v. McCleery, 200 Ala. 4, 75 So. 316 (Ala.
Adverse inference is most often seen in civil cases. A judge can opt to issue what is known as an adverse inference instruction to the jury. In this case, the judge informs the jury that someone did not produce evidence, or spoiled the evidence so that it could not be brought to court, with the intention of concealing information which might hurt his or her case.