Civil Litigation
Aug. 20, 2011
E-Discovery: Delay in filing motion for spoliation sanctions could leave moving party at starting gate
It's better to file motions for spoliation sanctions during, rather than after, the discovery phase.
A. Marco Turk
Emeritus Professor
CSU Dominguez Hills
Email: amarcoturk.commentary@gmail.com
A. Marco Turk is a contributing writer, professor emeritus and former director of the Negotiation, Conflict Resolution and Peacebuilding program at CSU Dominguez Hills, and currently adjunct professor of law, Straus Institute for Dispute Resolution, Pepperdine University Caruso School of Law.
In Dreith v. Nu Image Inc., 2011 DJDAR 109 (9th Cir. July 19, 2011), Judge Stephen S. Trott, writing for the court, affirmed the trial court's entering an order of default against defendants for engaging in discovery misconduct that was "sufficiently egregious." He concluded: "The Federal Rules of Civil Procedure exist to move a case forward to disposition, and to do so promptly and expeditiously. As Judge Wilson correctly noted, discovery too often has become a desultory game of ...
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