Title: Spoliation Letters & Preserving Evidence
Headings: Spoliation Letter – Preserving Evidence
Spoliation Letter – Preserving Evidence
Gathering Evidence
Effect of Spoliation Letter
Destruction of Evidence
Example Spoliation Letter
SPOILATION LETTER IN CONTIPLATION OF FUTURE LITIGATION

Content: Destruction of Evidence
Many judicial consequences are available if evidence is destroyed after a person receives a spoliation letter. Each consequence depends on the facts of each case and the seriousness of what the person did and what was destroyed. In many circumstances the judge will instruct a jury that certain evidence was spoiled which if kept would have allowed the injured person to show that the Defendant was at fault. In these situations, the presumption is maintained and must now be rebutted by the Defendant, which in essence shifts the burden on the other side. Another consequence may be that the jury is charged with certain admissions/stipulations of fact, i.e. A cleaning was never done; an inspection wasn’t conducted; the Plaintiff fell on water that was not cleaned by an employee who was present. This consequence yet again shifts the burden on the Defendant to show otherwise by bringing in additional evidence. The most serious consequence from spoiling evidence is that a Defendant’s answer is struck, which means that the court has already found them at fault. In these cases the only issue for the jury to decide is the damages.