What is the spoliation of evidence in civil litigation?

Spoliation of evidence in civil litigation is the destruction or withholding of relevant evidence by either party in a lawsuit. It generally occurs when a party suspects that the evidence may not be favorable to him or her. In New Mexico, the court considers destruction or withholding of evidence to be a very serious offense. This offense is classified as a violation of court rules, which governs the conduct of the parties involved in the lawsuit. The consequences for spoliation of evidence in civil litigation can be severe. In New Mexico, the court can impose fines or award damages to the party whose evidence was destroyed or withheld. The court can also order the offending party to pay the legal costs of the opposing party, as well as any costs incurred as a result of the destroyed or withheld evidence. In addition, the court can sanction the offending party by prohibiting the introduction of certain evidence or limiting the availability of certain witnesses. In conclusion, spoliation of evidence in civil litigation is a serious offense in New Mexico. If found guilty, parties may face serious consequences, including fines and damages as well as other sanctions. It is important for parties involved in a lawsuit to be aware of their legal obligations to preserve evidence that is relevant to the case.

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What is the spoliation of evidence in civil litigation?

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