Motion for Sanctions for Spoliation of Evidence: Making the Motion (Federal)

Summary

This practice note discusses how to move for sanctions for spoliation of evidence in federal court and covers topics such as the test for spoliation; the duty to preserve evidence (electronic and non-electronic); governing law on spoliation and sanctions; available sanctions for the destruction of non-electronic evidence, such as dismissal, adverse inference instructions, striking claims or defenses, deeming facts established, and evidentiary exclusions; the degree of culpability required for particular sanctions; and defenses to spoliation charges.