Spoliation of Evidence

Spoliation of evidence is the destruction, alteration, concealment, or failure to preserve evidence relevant to a dispute. Examples can include deleted electronic data, discarded products, overwritten video, lost medical records, or damaged vehicle components. Once litigation is reasonably anticipated, parties and sometimes nonparties may have preservation duties. Courts can impose remedies or sanctions depending on the duty, intent, prejudice, and governing rules. Early preservation letters and expert inspection can be important.