The Answer
When a party intentionally destroys or conceals evidence after litigation is reasonably anticipated, it's called spoliation. Consequences can include:
- Adverse inference instructions — the jury may be told to assume the hidden evidence was damaging
- Sanctions against the offending party or their attorneys
- Default judgment in extreme cases — meaning the other side wins automatically
- Potential criminal charges if obstruction of justice is involved
Courts have broad authority to punish bad-faith evidence destruction. If you suspect a company is hiding records, act fast. Your attorney can file a litigation hold demand early in the case to preserve evidence.
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