Spoilation doctrine
Definition
The legal principle that a party who destroys or materially alters evidence relevant to litigation may be penalised. Sanctions range from an adverse inference instruction (the jury may presume the destroyed evidence was unfavourable) to dismissal of the spoliating party's claim or defence.
Related terms
- Chain of custody
- The unbroken documentary trail of who held a sealed exhibit, when, and under what seal, from the moment of collection through analysis...
- Joint inspection
- An examination of physical evidence attended by the experts for all parties under an agreed protocol. Joint inspection ensures that each expert...
- Legal hold
- A directive from legal counsel instructing relevant people within an organisation to preserve documents, data, and physical items that may be relevant...
- Photogrammetry
- A technique that uses overlapping photographs to reconstruct three-dimensional geometry from two-dimensional images. In forensic engineering, photogrammetry and Structure-from-Motion (SfM) software allow...
- Spoliation letter
- A written notice from one party to another (or to a third party with custody of the evidence) demanding that specific items...
Explained in
- Evidence Preservation and DocumentationThe legal principle that a party who destroys or materially alters evidence relevant to litigation may be penalised. Sanctions range from an adverse inference...