Evidence Preservation

It is all to common for evidence to disappear when litigation becomes apparent. Emails disappear, surveillance tapes are recorded over, and physical items are misplaced. I recommend sending opposing counsel or party a letter requesting them to preserve any important items early on in the case. This sets up a spoliation motion in the event this important evidence is lost or destroyed.

A court can sanction your opponent if evidence I'd destroyed or lost after being advised to retain it. Sanctions may include a presumption of fault, exclusion of your opponent's witnesses or evidence, or an entry of default in your favor. If evidence goes missing, I like to take the deposition of the persons that had custody or control over the missing evidence. This may lead to information that proves that your opponent intentionally or negligently destroyed evidence, which may warrant sanctions. Preservation of evidence is critical. For techniques on evidence preservation and sanctions, please contact me via www.voneschlaw.com.