In litigation, “spoliation of evidence” occurs when a litigant, intentionally or negligently, disposes of crucial items of evidence before their adversary has an opportunity to inspect them. See generally New York Pattern Jury Instructions (PJI) 1:77; New York Motions in Limine § 9:24 (2024 ed.).
As explained by the U.S. Court of Appeals for the Second Circuit in West v. Goodyear Tire & Rubber Co., 167 F.3d 776 (2d Cir. 1999):
Spoliation is the destruction or significant alteration of evidence, or the failure to preserve property for another’s use as evidence in pending or reasonably foreseeable litigation. See generally Black’s Law Dictionary 1401 (6th ed.1990). It has long been the rule that spoliators should not benefit from their wrongdoing, as illustrated by that favourite maxim of the law, omnia presumuntur contra spoliatorem. 1 Sir T. Willes Chitty, et al., Smith’s Leading Cases 404 (13th ed.1929).
[Internal quotation marks omitted.]
More recently, the New York Appellate Division explained:
The party seeking sanctions for spoliation of evidence has the burden of showing that the party having control over the evidence possessed an obligation to preserve it at the time of its destruction, that the evidence was destroyed with a culpable state of mind, and that the destroyed evidence was relevant to the party’s claim or defense such that the trier of fact could find that the evidence would support that claim or defense. Spoliation sanctions may be appropriate even if the destruction occurred through negligence rather than willfulness. Spoliation sanctions may be imposed upon a party even though that party did not own or control the evidence that was destroyed, so long as the party had an opportunity to safeguard the evidence but failed to do so. The court has broad discretion in determining what, if any, sanction should be imposed for spoliation of evidence.
Storm v. Kaleida Health, No. 23-00402, 438, 2024 N.Y. Slip Op. 03964, 2024 WL 3547886 (N.Y.A.D. 4 Dept., July 26, 2024) (internal quotation marks, bracketing, and citations omitted).
Sanctions for spoliation of evidence may include preclusion of evidence, striking of pleadings, an adverse inference jury charge, preclusion of expert evidence and/or monetary penalties. PJI 1:77.