Title: Adverse Inference, Spoliation of Evidence & "Missing Witness"
Headings: Adverse Inference, Spoliation of Evidence and the Missing Witness Rule
Adverse Inference, Spoliation of Evidence and the Missing Witness Rule
What is an Adverse Inference?
When Can the Jury be Instructed to Draw an Adverse Inference at Trial?
Can a Party be Sanctioned for Spoliation of Evidence?
About Personal Injury Lawyer, Brent Wieand

Content: Under these circumstances, the jury may draw an inference it would have been unfavorable. Kovach at 8-9. Can a Party be Sanctioned for Spoliation of Evidence? If a party intentionally destroys or fails to preserve evidence he/she may be sanctioned by the court. The penalty for spoliation of evidence can range from an adverse inference, which is the least restrictive sanction possible, to other sanctions such as monetary damages or the preclusion of evidence and/or certain claims and defenses. The latter sanctions are viewed as much more extreme and will only be given under certain circumstances. To determine which penalty should be applied, the Supreme Court of Pennsylvania set forth factors that should be weighed to determine the proper penalty for spoliation of evidence. See Schroeder v. Commonwealth, 551 Pa. 243 (Pa. 1998). The relevant factors include: ( 1) the degree of fault of the party who altered or destroyed the evidence; (