301.11(b) Failure to Maintain Evidence or Keep a Record - Burden Shifting Presumption The court has determined that [name of party] had a duty to [maintain (describe missing evidence)] [keep a record of (describe subject matter as to which party had record keeping duty)]. [Name of party] did not [maintain (describe missing evidence)] [or] [keep a record of (describe subject matter as to which party had recordkeeping duty)]. Because [name of party] did not [maintain (describe missing evidence)] [or] [keep a record of (describe subject matter as to which party had a record keeping duty)], you should find that [name of invoking party] established [his] [her] [describe applicable claim or defense] unless [name of party] proves otherwise by the greater weight of the evidence. Adopted April 21, 2016