Civil/Commercial Litigation (Lawsuits)/spoilaton

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Question
Dear Morgan
If i find out there has been spoliation of evidence at discovery in my civil negligence case, what action do take and when do i take action and what is the outcome if found guilty?
Thanks Morgan.

Answer
Greetings Brendon,

Before I respond further to your question, I must make clear that I do not represent you, and cannot give you individual particularized legal advice. No attorney client relationship is created by this email. For legal advice, you should hire your own attorney, and follow their advice. My role with AllExperts is limited to providing general information and suggestions for educational or general knowledge purposes. Before you take any action, consult with your own attorney.

Furthermore, I see by your question that you are in another country, and I do not practice law in your jurisdiction.

For information on spoliation, I suggest generally the following:  https://en.wikipedia.org/wiki/Spoliation_of_evidence

I suggest that you immediately find a local attorney licensed to practice law in your jurisdiction.  You stated that you are working in a civil case, yet ask about being "found guilty", a term reserved for a criminal case.  Accordingly, I cannot understand much of your question.

In my jurisdiction, the path to relief of all sorts is to file a motion.  If one feels the other party has destroyed evidence here, we file a motion seeking an Order.  That Order may impose sanctions, exclude other evidence, permit more time for discovery, etc.  The magnitude of a penalty that could be imposed for intentionally destroying evidence could be substantial, including the summary loss of a case.

I hope this helps, good luck to you.

Morgan Smith
SMITH & RAVER LLP
Minneapolis, Minnesota
http://smith-and-raver-llp.biz
Conciliation Court * Civil Litigation * Forfeitures * Construction * Family Law

Civil/Commercial Litigation (Lawsuits)

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Morgan Smith

Expertise

Civil litigation (contract claims, landlord-tenant actions, forfeiture suits, residential construction defect matters), Family law (divorce, custody modifications, child support modifications, and pre-nuptial agreement), new business start-ups, civil forfeiture, asset forfeiture. Please do not submit your question as Private. It is my policy not to answer Private questions from members of the public here on AllExperts; I reserve that function to my private clients. Although AllExperts permits me to change your questions from Private to Public, it is my policy not to do that. I encourage you to resubmit your question as a public question. Your public question has the potential to help others with similar concerns. I suggest that you use a pretend name and otherwise alter sensitive facts that make you inclined to treat your question as Private, and submit your question to me Publicly.

Experience

I've been practicing law in the State of Minnesota since 1995. I've worked in skyscraper firms, and now my own small firm in Minneapolis. Past answers from my earlier participation on AllExperts is posted at: http://en.allexperts.com/q/Civil-Commercial-Litigation-911/indexExp_80217.htm

Publications
AllExperts, Yahoo Answers, http://smith-and-raver-llp.biz/News.html

Education/Credentials
J.D. William Mitchell College of Law, St Paul, MN

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