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 ?
This up-front work will preserve important evidence and reduce the likelihood that plaintiffs will file spoliation of evidence claims.
16) Florida courts were in basic agreement that a duty to preserve is required to hold a party accountable for spoliation based upon a failure to preserve evidence.
The duty to prevent spoliation does not require the preservation of every single document.
17) In Part III, this Article examines how the Federal Rules were first amended to modify the method for imposing sanctions regarding the spoliation of digitized information.
But, in theory, the best way to avoid spoliation is by implementing more distinct processes and procedures to preserve in a repeatable way.
In fact, 20 percent of e-discovery cases this year specifically addressed preservation and spoliation issues, with the vast majority of opinions focusing on how and when to utilize a legal hold.
That's a substantive, a rule of evidence, preservation of law question for which there is a great body of law already on the books, called spoliation of evidence," Hooker said.
First, that they should have been aware of the German invasion of Hungary and the spoliation and murder of the Jewish populations.
Also included is an amicus brief prepared by LCJ for the In re Actos litigation, which further discusses the need for limits on electronic discovery and spoliation sanctions.
It added: "Evidence spoliation as a result of destructive testing may have already occurred.
They may be asking themselves: Where is the line between avoiding spoliation sanctions and keeping massive discovery costs down?