Arguing an Adverse Inference because of Spoliation of Evidence

• Library: Objections Guidebook (2022 Ed.)

Arguing an Adverse Inference Because of Spoliation of Evidence

Spoliation Doctrine in Civil Cases

In General

· Spoliation is defined as the “intentional destruction, mutilation, alteration or concealment of evidence.” Bell, “Spoliation,” Courtroom Handbook on Missouri Evidence, 33 Missouri Practice Series §401.6 (Thomson Reuters 2021) (citations omitted). If a party, in Missouri, has intentionally spoliated evidence under circumstances indicating fraud, deceit, and a desire to suppress the truth, that party is subject to an adverse evidentiary inference. The jury may also be informed of an adverse inference if a litigant (1) obtains possession of physical evidence “and fails to produce or account for it at trial,” (2) destroys evidence without a satisfactory explanation, or (3) fails to preserve the evidence when there was a duty to do so. Id. (citation omitted).

· The burden is on the person seeking to obtain the inference to show circumstances that qualify under the rules of evidence. See, e.g., Wilmes v. Consumer Oil Co. of Maryville, 473 S.W.3d 705...