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Spoliation of evidence, which is sometimes referred to as “spoilation” or “destruction of evidence,” is a cause of action which holds someone liable for negligently or intentionally destroying material which is needed as evidence in litigation.
Spoliation involves the destruction or significant alteration of evidence, including the failure to preserve property for another’s use as evidence in pending or reasonably foreseeable litigation. 11 The duty to preserve — owed to courts, not parties — is an offshoot of this doctrine and is essential to assuring the integrity of the trial ...
Spoliation. The destruction or alteration of evidence resulting from a party's failure to preserve evidence relevant to a litigation or investigation. Litigants may face severe sanctions for intentionally destroying paper documents and electronically stored information (ESI) that may be relevant to a lawsuit or government investigation after ...
Spoliation of evidence occurs when some-one with an obligation to preserve evidence related to a legal claim either neglects to do so or intentionally fails to do so.1 A fail-ure to preserve evidence can take place by intentional or inadvertent destruction of evidence, damage to the evidence or loss of evidence.2 When spoliation occurs, the part...
Nov 20, 2018 · Although there are potential pitfalls at every step of the discovery process that parties and their counsel need to consider and avoid, spoliation of electronically stored information (ESI) ranks at the top of the list, and subjects the non-compliant party to a substantial likelihood of sanctions.
What is spoliation? Spoliation is the improper loss or destruction of relevant evidence and can include altering evidence. Spoliation occurs when a party has a duty to preserve evidence and conceals, alters, or destroys evidence that it could have reasonably preserved. Analyzing a claim of spoliation is a two-step process.
Feb 28, 2018 · Spoliation of Evidence. Pages 3083. Updated Feb 28, 2018. Created Apr 11, 2008. $325.00. Delivery method: Download. Log in to purchase. An overview of spoliation of evidence law, including a state-by-state analysis of spoliation case law. Sample preservation letters.
