Title: Spoliation of Evidence - Court - LAWS.com
Headings: Spoliation of Evidence
Spoliation of Evidence
What is Spoliation of Evidence?
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Recognition of Tort of Spoliation
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Content: Spoliation of Evidence - Court - LAWS.com
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Spoliation of Evidence
Modified date: December 23, 2019
What is Spoliation of Evidence? Spoliation of evidence occurs when evidence is hid, withheld, changed, or destroyed during or before litigation or a similar legal proceeding. Spoliation can be intentional or unintentional, but the party can face consequences depending on their jurisdiction. There is no federal law that addresses spoliation of evidence. Rather, states rely on statute of case law. If a jurisdiction has laws against spoliation, the defendant can face multiple fines and time in prison. If the jurisdiction relies on case law, a party may claim a spoliation inference. A spoliation inference does not charge the suspected destroyer of evidence, but it does show reason that the defendant is trying to hide evidence that points to their guilt in the matter. Valuable Information from the US Courts
In 2010, the Judicial Conference Advisory Committee on Civil Rules asked for a study on motions that involved the destruction of evidence, and the study focused on the destruction of electronically store information, or ESI.