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Posts tagged "spoliation inference routine destruction evidence"

Superior Court Finds "Routine" Destruction of Evidence Is Not Spoliation

The Superior Court has held that the "routine" destruction of samples by a testing laboratory is not spoliation that would preclude the admission of the results of tests on the samples. The Court said the destruction of evidence was subject to sanctions only when it was intentional or in bad faith. The Court said the defendant was not prejudiced where it did not request an opportunity to test the samples independently.