What is the spoliation of evidence in civil litigation?

Spoliation of evidence is a legal term used in civil litigation that refers to the deliberate destruction of evidence that may be used in a court of law. It can occur when a party to a case intentionally destroys, alters, or otherwise fails to preserve documents, data, or other physical evidence that can be used during the trial. This destruction or hiding of evidence can be done to thwart the legal process by making it difficult or impossible for the other party to present their case or to make it appear that their case is weaker than it actually is. In Texas, spoliation of evidence can have serious consequences, including the possibility of a judge issuing an adverse inference instruction to the jury. This means that the jury is asked to assume that the evidence that was destroyed would have been unfavorable to the party who spoliated the evidence. An attorney can also file a motion to have the judge issue sanctions against the spoliating party, including monetary fines and even a default judgment against them. When spoliation of evidence is proven, it is also considered unethical and can result in the offending party being disciplined by the bar association. This can lead to loss of licensure or other disciplinary action.

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