What is the spoliation of evidence in civil litigation?

Spoliation of evidence is a legal concept used in civil litigation law in California that describes the intentional or negligent destruction of evidence. It applies when a party in a lawsuit has destroyed, disposed of, or failed to preserve evidence that it had a duty to preserve. When this happens, the court may consider this as an improper attempt to influence the outcome of the case. When evidence has been destroyed, the court may impose a range of potential consequences, such as a finding that the evidence was intentionally destroyed and/or that the other party is entitled to a presumption that the evidence would have been beneficial to their side. For example, if one side destroys an important document, the court may decide to automatically presume that the document would have been helpful to the other side’s case. In some situations, a court may also order the party responsible for spoliation to pay the other side’s attorney’s fees and costs as a penalty. Additionally, the court may impose a monetary penalty and/or sanctions. It is important to note that in order for spoliation to be found, there must be intent to destroy or negligently dispose of evidence. Simply misplacing evidence or losing it due to carelessness is usually not sufficient to impose sanctions for spoliation.

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