What is Spoliation of Evidence?
The intentional or negligent destruction, alteration, or concealment of evidence relevant to legal proceedings.
Understanding Spoliation of Evidence
Once litigation is anticipated, parties have a duty to preserve relevant evidence. Spoliation can result in sanctions, adverse inference instructions (jury told to assume evidence was harmful), or case dismissal. Common issues involve deleted emails, surveillance footage, and vehicle data.
Examples
- 1Defendant destroying dashcam footage
- 2Failure to preserve accident vehicle for inspection
- 3Deleted text messages about incident
Related Terms
Statute of Limitations
A law that sets the maximum time after an event within which legal proceedings may be initiated. Once the statute of limitations expires, the claim is typically barred forever.
Settlement
An agreement between parties to resolve a legal dispute without going to trial. Settlements typically involve the defendant paying the plaintiff an agreed-upon sum in exchange for dropping the lawsuit.
Discovery
The pre-trial phase in a lawsuit where each party can obtain evidence from the opposing party through various methods including interrogatories, depositions, and requests for documents.
Deposition
Sworn, out-of-court testimony given by a witness or party that is recorded for later use in court proceedings. Depositions are a key part of the discovery process.
Demand Letter
A formal letter sent to an insurance company or opposing party outlining the facts of the case, injuries sustained, and the amount of compensation being sought.
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