What is the spoliation of evidence in civil litigation?

Spoliation of evidence in civil litigation is a legal concept used in North Carolina to address the destruction of evidence by either party in a lawsuit. The term refers to intentionally disposing or destroying evidence which is likely to be relevant to a civil lawsuit. It can also refer to the failure to preserve evidence which could have been relevant in a civil case. In North Carolina, courts may take a number of different actions if it finds that one party has spoliated evidence. These may include awarding damages, awarding fees to the wronged party, or granting an adverse inference that the destroyed evidence was unfavorable to the party responsible for spoliation. The duration of any damages or fees awarded may also be determined by the court in accordance with the severity of the spoliation. To address cases of spoliation of evidence, North Carolina also has a statute in place which requires a party that intends to rely on evidence to preserve it for use in litigation. This means that a party has a duty to maintain all relevant evidence and failure to do so may result in the imposition of penalties. In summary, spoliation of evidence in civil litigation refers to the intentional destruction or failure to preserve evidence that could have been relevant in a civil lawsuit. North Carolina courts may use a number of different remedies if they find that evidence has been deliberately destroyed, and the state has a statute in place which places a duty on parties to preserve evidence.

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