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Spoliation Of Electronic Evidence: Sanctions Versus Advocacy, Charles Adams
Spoliation Of Electronic Evidence: Sanctions Versus Advocacy, Charles Adams
Articles, Chapters in Books and Other Contributions to Scholarly Works
This Article proposes that courts should refrain from imposing adverse inference jury instructions as sanctions for the spoliation of evidence. This proposal bears some similarity to the approach taken twenty years ago by the 1993 amendments to Rule 11, which constrained courts' ability to sanction. Instead of imposing an adverse jury instruction as a sanction for spoliation of evidence, courts should allow evidence of spoliation to be admitted at trial if a reasonable jury could find that spoliation had occurred and if the spoliation was relevant to a material issue. If a court allows the introduction of evidence of spoliation …
Evidentiary Use (And Misuse) Of The Civil Defendant's Financial Status, Karen M. Grundy
Evidentiary Use (And Misuse) Of The Civil Defendant's Financial Status, Karen M. Grundy
Articles, Chapters in Books and Other Contributions to Scholarly Works
No abstract provided.
Tape Recording Conversations - Is It Ethical For Attorneys?, Charles W. Adams
Tape Recording Conversations - Is It Ethical For Attorneys?, Charles W. Adams
Articles, Chapters in Books and Other Contributions to Scholarly Works
No abstract provided.