Credit: Felipe Caparrós/Adobe Stock Sanctions for Spoliation of Evidence in Matrimonial Actions
"In situations of negligent destruction of evidence, the court must consider the prejudice resulting from spoliation in determining what type of sanctions are warranted," writes Joel R. Brandes.
September 04, 2024 at 12:00 PM
13 minute read
Family LawIt is a well-established rule of the common law of evidence that a party's intentional destruction of written evidence relevant to proof of an issue at trial can support an inference that the evidence would have been unfavorable to the party responsible for its destruction. (2 John Henry Wigmore, "Evidence in Trials at Common Law Section 291″ (James H. Chadbourn rev.1979)).
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