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Category Archive for: Spoliation of Evidence

Are Monetary Spoliation Sanctions Available for Non-Monetary Claims?

Monetary sanctions--even punitive damages--are proper sanctions for evidence spoliation. But what about cases in which monetary damages are not recoverable?

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What You Need to Know About the FRCP E-Discovery Amendments

A summary of amendments to the Federal Rules of Civil Procedure recently approved by the U.S. Supreme Court and sent to Congress for final approval.

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Does the Best Evidence Rule Apply to Text Messages?

Electronic messages may be "writings" subject to Best Evidence Rule requirement of use of originals in litigation. But, there are exceptions to the rule.

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When Must Litigant Provide Computer to Opponent for Examination?

Before compelling production of computer for forensic imaging, noncompliance with discovery must exist and protective protocol must be implemented.

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