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What is spoliation of evidence, and why does it matter?

Spoliation is the loss, destruction, alteration, or failure to preserve relevant evidence when litigation is pending or reasonably foreseeable. It may involve a vehicle, defective product, surveillance video, electronic data, inspection records, messages, or even a social-media account. Courts can impose consequences when evidence that should have been preserved is unavailable.
Those consequences can include limits on proof, monetary sanctions, or an instruction allowing the fact-finder to draw an adverse inference, depending on the circumstances. Preserve original materials, do not repair or discard important objects without advice, and ask counsel whether a prompt preservation letter or inspection protocol is needed.

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