Spoliation of evidence is an unfortunate reality of modern-day civil litigation. Whether you represent parties to litigation or are counseling clients who want to avoid litigation, at some point issues involving the destruction of evidence will occur. Case law demonstrates that spoliation can result in additional litigation expense, potential tort liability, and sanctions, in addition to negative publicity and the impact on the professional and personal reputation of both counsel and clients.
Spoliation of Evidence, Third Edition, helps resolve problems involved with the destruction of evidence. The book serves as a guide for the litigation practitioner faced with the loss of evidence in a civil suit in a state or federal court. Among other key topics, the book covers:
Record keeping obligations
The duty to preserve evidence
Independent causes of action for the destruction of evidence
Available sanctions and other remedies for spoliation
Criminal sanctions for spoliation
Developing spoliation law in state civil and federal courts
Checklists of practical tips can be found at the end of each substantive chapter. Additionally, an annotated bibliography of treatises, law review articles and practical publications on spoliation and a table of cases and index are included.