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Litigation

Feb. 11, 2010

Sanction Standards for Spoliation of Evidence

Bruce Smyth of Charlston, Revich & Wollitz addresses the challenging issue of spoliation of evidence, where outcomes before the court can vary dramatically.

By Bruce Smyth

The spoliation of evidence by a client or opposing party presents one of the more challenging issues confronting a California litigator, in large part because the outcomes before the court can vary so dramatically, from termination of the case - dismissal or entry of default - to a finding that the destruction was inadvertent and that no remedy is necessary. Despite the advice of counsel to preserve relevant documents when litigation has been filed or is pl...

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