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 ?
i]n practice, an adverse inference instruction often ends litigation--it is too difficult a hurdle for the spoliator to overcome.
2009) ("[A] court must only find that spoliator acted willfully in the destruction of evidence.
For the adverse inference instruction to be most effective in ensuring discovery compliance, the innocent party should only have to prove negligence on the part of the spoliator, not bad faith.
In both first-party spoliation claims and spoliation counterclaims, the spoliator is before the court and under its jurisdiction, and can be sanctioned as the court deems appropriate.
The issue of a named party's legal responsibility for lost evidence generally will depend on the degree to which the spoliator was acting under the direction or control of the party.
No earth-shattering opinions, no imprisoned spoliators, and barely a whimper from reported decisions related to parties' chosen form of production," observed Cecil Lynn, director of e-discovery and technology at eBay, and Lauren Schwartzreich, e-discovery counsel at Littler Mendelson, in a recent Law Technology News article.