spoliation


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Spoliation

Any erasure, interlineation, or other alteration made to Commercial Paper, such as a check or promissory note, by an individual who is not acting pursuant to the consent of the parties who have an interest in such instrument.

A spoliator of evidence in a legal action is an individual who neglects to produce evidence that is in her possession or control. In such a situation, any inferences that might be drawn against the party are permitted, and the withholding of the evidence is attributed to the person's presumed knowledge that it would have served to operate against her.

spoliation

noun attack, brigandage, depredation, deprivation, desolation, despoliation, devastation, direption, foray, marauding, pilfering, pillage, pillaging, piracy, plunder, plunderage, plundering, raid, ransack, rapine, robbery, sack, theft, thievery
See also: depredation, deterioration, dissolution, havoc, pillage, plunder, rape

spoliation

destruction; the material alteration of a document so as to render it invalid.

SPOLIATION, Eng. eccl. law. The name of a suit sued out in the spiritual court to recover for the fruits of the church, or for the church itself. F. N. B. 85.
     2. It is also a waste of church property by an ecclesiastical person. 3 Bl. Com. 90.

SPOLIATION, torts. Destruction of a thing by the act of a stranger; as, the erasure or alteration of a writing by the act of a stranger, is called spoliation. This has not the effect to destroy its character or legal effect. 1 Greenl. Ev. Sec. 566. 2. By spoliation is also understood the total destruction of a thing; as, the spoliation of papers, by the captured party, is generally regarded as proof of. guilt, but in America it is open to explanation, except in certain cases where there is a vehement presumption of bad faith. 2 Wheat. 227, 241; 1 Dods. Adm. 480, 486. See Alteration.

References in periodicals archive ?
The company was not sanctioned for the destruction of data on the employee's computer, but the court issued an adverse inference instruction for the spoliation of the data on the supervisor's hard drive.
The bad news is that there remains no clear guidance to tell lawyers how much to produce in order to avoid spoliation sanctions, and some e-discovery experts do not believe upcoming amendments to the Federal Rules of Civil Procedure (FRCP) wi11 help much.
Grace a l'implication, la mobilisation de l'ensemble des partenaires et au suivi rigoureux du plan d'actions mis en place, le taux de reclamation relatif a la spoliation de bagage a recule de maniere substantielle durant le premier trimestre de l'annee en cours.
Caburnay alleged that the Hospital was guilty of Spoliation of Evidence since it was unable to produce the mat upon which the doctor fell.
Moreover, the subsequent treatment of Pension Committee by other courts has highlighted the absence (and need for) national standards pertaining to the preservation of electronically stored information and the appropriate protocols governing spoliation sanctions should litigants fail to do so adequately.
A Spoliation is the destruction or alteration of evidence or failure to preserve property for another's use in litigation.
3d 69,73), in which the New York Court of Appeals held that no independent tort third party negligent spoliation of evidence was cognizable in New York, about the nature of the harm incurred or the extent of the plaintiffs damages.
Older ESI can be very expensive to re-access, and large volumes of ESI are deleted or modified every day through routine computer operations and decisions of individual employees, creating the potential for charges of spoliation.
Spoliation is "the destruction or significant alteration of evidence, or the failure to preserve property for another's use as evidence in pending or reasonably foreseeable litigation.
An important discovery issue that is not exclusive to electronic discovery is spoliation of evidence and the appropriate sanctions that should be applied to spoliating parties.
With a run time of 90 minutes, it covers: competent initial responses; use of digital photography; statements; pitfalls regarding recording of and preparation of written witness statements; management of evidence locker; statutes of limitations; spoliation of evidence; document handling; and, investigation report writing.
Korelitz on the plaintiff's claims of spoliation of evidence, destruction of evidence and fraud.