Title: Spoliation of Evidence – Civil Procedure
Headings: Spoliation of Evidence
Spoliation of Evidence
Inside Spoliation of Evidence

Content: Spoliation of Evidence – Civil Procedure
Spoliation of Evidence
Spoliation of evidence is a term often used during the process of discovery. Spoliation of evidence happens when a document or information that is required for discovery is destroyed or altered significantly. If a person negligently or intentionally withholds or destroys relevant information that will be required in an action is liable for spoliation of evidence. When a crucial document is lost by spoliation, the courts may try to infer the original information by applying spoliation inference rule. Spoliation inference rule is a negative evidentiary inference. When applying the rule, courts will review the altered document with inference against the spoliator and in favor of the opposing party. The theory behind spoliation inference is that when a party has destroyed evidence, it shows that the party had consciousness of guilt or other reasons to avoid evidence. Hence, the court will conclude that the evidence was not in spoliator’s favor. Spoliation of evidence is an act that is prohibited by American Bar Association’s Model Rules of Professional Conduct, Rule 37 of Federal Rules of Civil Procedure, and Title 18 United States Code. Sanctions for spoliation are preventative, punitive and remedial in nature.