Spoliation of evidence is an act that is prohibited by American Bar Association’s Model Rules of Professional Conduct, Rule 37 of Federal Rules of Civil Procedure, and Title 18 United States Code. Sanctions for spoliation are preventative, punitive and remedial in nature. Separate tort actions are also permitted.
American Bar Association Rule 3.4 prohibits a lawyer from destroying or assisting another in destroying evidence pertaining to a case. Likewise Title 18 of United States Code Sections 1503, 1510, 1512 and 1519 prohibits a party from destroying or assisting another in destroying evidence, and provides for criminal prosecution against the wrongdoer. Under Title 18 United States Code Section 1519, a wrongdoer can be fined in huge amounts and imprisoned up to 20 years.
Under Federal Rules of Civil Procedure Rule 37 possible sanctions are as follows:
- dismissal of the wrongdoer’s claim;
- entering judgment against the wrongdoer;
- exluding expert testimony; and
- application of adverse inference rule.
Additionally, Rule 37 imposes fines on the wrongdoer.
Source: https://civilprocedure.uslegal.com/discovery/spoliation-of-evidence/
