It's sad to say, but attorneys, law firms, and other lawsuit participants engage in spoliation, the destruction of material and relevant documents solely to prevent the opposing party from making his or her case. Pro Se, understand that once the defendant knows or reasonably knows that they are being sued, they are on notice that they must not tamper with or destroy documents and material that would assist you in litigation. This video gives example of the triggering moment when the defense or party is on notice that they must preserve evidence. It also addresses sanction remedies available to the party harmed by the spliation. It's important that you are vigilant and protactive.
Nineth Circuit case regarding deletion of text messages by Plaintiff (not Defendant):
cdn.ca9.uscourts.gov/datastor...
States Standing on spoliation cause of action:
www.whiteandwilliams.com/asse...
17 май 2024