What is the spoliation of evidence in civil litigation?

Spoliation of evidence in civil litigation is the destruction or concealment of evidence that could be used in court. It occurs when one party knowingly and intentionally gets rid of evidence that is relevant to the case. In South Carolina, spoliation of evidence is recognized as a civil wrong that carries serious consequences for the party responsible. The primary consequence of spoliation of evidence in civil litigation is the spoliation inference, which allows the court to assume that the evidence destroyed would have been unfavorable to the party responsible for spoliation. This means that the court can infer what the evidence would have revealed if it had been preserved by the party, and what they did has effectively given them a disadvantage in the case. The court may also set out sanctions against the party responsible for spoliation of evidence. These sanctions can range from monetary fines to dismissal of the entire case against the spoliator. Finally, the court may also order a spoliation assessment to determine the extent of the damages incurred as a result of the spoliation of evidence. This assessment could include an evaluation of the value of the evidence destroyed, the cost of reconstructing the lost evidence, and any punitive damages resulting from spoliation. In South Carolina, the consequences of spoliation of evidence in civil litigation are serious, so parties should take great care to preserve evidence that may be relevant for the case.

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