spoilation

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spoilation

The intentional deletion or alteration of a document used as legal evidence. Since the advent of personal computers, it has become a snap to alter a document without revealing the alteration. If the document remains in the same computer where the alteration took place, or if that computer is available for analysis, an alteration may be uncovered with computer forensics. However, if the altered document is transferred to another machine by a savvy user, who knows how to delete all associated meta-data that might be under the covers, it is impossible to detect the document's previous history. See computer forensics.
References in periodicals archive ?
Peltz, The Necessity of Redefining Spoliation of Evidence Remedies in Florida, 29 Fla.
In order to prevent a claim or defense alleging the spoliation of evidence, adjusters and subrogation professionals should be implementing litigation holds for all claims where subrogation is pursued.
Brody explained, "In dealing with cyber-based threats in the Digital Age, the ex parte seizure provision could be used to seize, for example, computer hardware and software that had been used for a misappropriation without giving notice to the party against whom the order is issued, and thereby decreasing the risk of spoliation of evidence.
P 37(e) advisory committee note to 2015 amendment, but stated that a court had inherent authority to impose sanctions for the bad faith spoliation of evidence that would be available even if Rule 37(e) did not apply.
Patrick Gumkowski, Comment, Protecting the Integrity of the Rhode Island Judicial System and Assuring an Adequate Remedy for Victims of Spoliation: Why an Independent Cause of Action for the Spoliation of Evidence Is the Solution, 10 Roger WILLIAMS U.
Board members expressed concern about whether removing information from social media, even if it is preserved, would alter the form or context of that information which might raise spoliation of evidence claims and violate Bar Rule 4-3.
Sanctions motions addressing claimed spoliation of evidence have "assumed a level of importance in litigation that raises grave concerns.
Moreover, in the 2011 report to the Judicial Conference Advisory Committee on Civil Rules entitled "Motions for Sanctions Based on Spoliation of Evidence in Civil Cases," Emery G.
This edition has new material on electronic filing, discovery, the duty to prevent spoliation of evidence (and pertinent rule changes), and coverage of HIPAA standards; added research tips and exhibits for LexisNexis and Westlaw; updated examples of Internet research websites; a new Supreme Court case; updates to the law; new research exercises, forms, and task examples; and more analysis problems, study features, review questions, and Internet applications.
ISSUE: Was Spoliation of Evidence a factor in this case?
12) Before and after Pension Committee, courts across the nation have struggled to find a consistent and fair balance, repeatedly confronting questions like: Is the spoliation of evidence attributable to ordinary negligence sufficient for the imposition of an adverse inference instruction or must there be proof of bad faith?