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 ?
It is well established that when spoliation of evidence occurs, a court may impose discovery sanctions pursuant to Rule 37(b) of the Federal Rules of Civil Procedure, and more generally, pursuant to a court's "inherent power to manage its own affairs.
The duty to preserve evidence must be taken seriously and measures can and should be put in place to avoid spoliation of evidence and resultant potential sanctions, which may at a minimum, hamper, and at worst completely eliminate, the defense of a lawsuit.
66) The jurisprudence of the SJC regarding spoliation is instructive in crafting a proposal for adopting a level of culpability required for an adverse inference instruction based upon the spoliation of evidence.
Also included is a transcript of a motions hearing for sanctions for spoliation of evidence.
Historically, New York Courts have not recognized an independent cause of action and, in many instances, spoliation of evidence in New York has gone unpunished.
Spoliation of evidence is generally defined as the loss or destruction of evidence that is relevant to a personal injury lawsuit.
Turnbull, partners in the Cleveland office of Porter Wright Morris & Arthur LLP, have co-authored the third edition of their book, Spoliation of Evidence, published by the American Bar Association (ABA) in August 2013.
The court awarded $8 million to Lester, but after a motion from Allied Concrete, the court later found that Lester engaged in the spoliation of evidence by deactivating his Facebook account and claiming he didn't have an account in his original "misleading response.
Jenel further alleged both negligent and intentional spoliation of evidence regarding the fetal monitor strips.
The court rejected the hospital's contention that if Gordon had any remedy it was a separate civil suit against the hospital for spoliation of evidence, and that if Gordon could prove all of her allegations against the hospital and prove damages, and proximate cause, she might prevail.
Further, the Ripleys moved for summary judgment against Evergreen on the grounds of spoliation of evidence.
Spoliation of evidence increases the costs to the other parties to the litigation because they must try to reconstruct the destroyed evidence, and it increases the risk that the court will reach an erroneous decision on the merits of the case.