Submitting a copy or facsimile of a document rather than the original may constitute spoliation of evidence where the originals “might yield relevant evidence that is simply not available from copies,” a federal appeals court held Wednesday in a precedential case, apparently one of first impression.
“[T]heoretically — producing copies in instances where the originals have been requested may constitute spoliation if it would prevent discovering critical information,” Third Circuit Judges Richard Nygaard, Dolores Sloviter and D. Brooks Smith held in Bull v. United Parcel Service, Inc., No. 10-4339.
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