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About the Book
This new guide is your first step to resolving problems involved with the destruction of evidence. Spoliation of evidence is an unfortunate reality of modern-day civil litigation. Whether you represent parties to litigation, or are counseling clients who want to avoid litigation, at some point you will face issues involving the destruction of evidence.
This new book, is a practical guide to addressing spoliation issues in your civil practice. It will help you determine what law applies to spoliation issues that arise during pending litigation or in the context of an independent tort claim for spoliation.
Practical advice on prevention and litigation This book is not a treatise -- it is a quick reference guide for the litigator faced with the loss of evidence in a civil suit in a state or federal court. Among other key topics, the book covers:
Record keeping obligations
Factors to consider when developing, updating, or suspending a document retention policy
Consequences of not having a document retention policy
The unique problems of e-mail and computer records
The duty to preserve evidence
Remedies and sanctions for spoliation of evidence
Practice tips and research tools The book includes a checklist of practical tips at the end of each substantive chapter. It also includes an annotated bibliography of treatises, law review articles and practical publications on spoliation and a table of cases and index.
