Civil Litigation 1 Discussion 1

This week you have been introduced to the discovery phase of litigation. Part of discovery is turning documents and other “things” over to the opposing party for review and inspection. What happens if those documents have been destroyed, either accidently or intentionally? For your discussion this week, research a case in your home state in which documents or other evidence were destroyed. Share the case name, facts, law, and outcome of the case with the rest of the class. Was the destruction intentional? Does it matter? If you were the judge, how would you have ruled in the same situation? Is there something that could have been done differently by the parties in the case or their attorneys, to change the outcome? What would you have done differently?