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 ?
41) Considering the burden an innocent party must overcome when confronted with negligent spoliation of evidence, and the practical difficulties of so doing, this rule appears to be in discord with basic notions of fairness.
The South Dakota Supreme Court has addressed issues pertaining to spoliation of evidence and discovery violations outside the "electronic discovery realm.
In Massachusetts, the SJC has a fairly nebulous approach to imposing sanctions for spoliation of evidence during discovery.
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, Let's Level the Playing Field: A New Proposal for Analysis of Spoliation of Evidence Claims in Pending Litigation, 29 ARIZ.
The advisory opinion concludes 1) a lawyer may advise a client to change the privacy settings on the client's social media pages so that they are not publicly accessible; and 2) a lawyer may advise a client to remove information relevant to a pending or reasonably foreseeable proceeding from a client's social media pages, but only if doing so does not violation the rules or substantive law concerning preservation and/or spoliation of evidence and an appropriate record of the social medial information is preserved.
In 2012, another lawyer representing the Dink family claimed Kutkan, who conducted the investigation into Dink's murder, had links to Ergenekon, a shadowy crime network, and accused him of leaking information to the terrorist organization and of spoliation of evidence in the case.
After the duty to preserve arises, even negligent spoliation of evidence can expose a party to serious sanctions and expense.
Provided that there is no violation of the rules or substantive law pertaining to the preservation and/or spoliation of evidence, a lawyer also may advise that a client remove information relevant to the foreseeable proceeding from social media pages as long as an appropriate record of the social media information or data is preserved.
Whether it's pure economic loss claims, drafting pleadings, spoliation of evidence or procedural requirements, recent product liability jurisprudence continues to offer interesting new developments.
When a party to litigation destroys relevant evidence, the judge may issue sanctions under the court's inherent and statutory authority to punish spoliation of evidence.