Spoliation of Evidence

Overview

Spoliation of evidence refers to the intentional, reckless, or negligent withholding, hiding, altering, fabricating, or destroying of evidence relevant to a legal proceeding. Under Michigan law, courts may impose sanctions and draw adverse inferences when spoliation occurs.

Legal Standard

Michigan courts apply a multi-factor analysis when evaluating spoliation claims:

1. Existence of a duty to preserve — Did the party have an obligation to preserve the evidence?
2. Culpability — Was the destruction intentional, reckless, or negligent?
3. Relevance — Was the destroyed evidence relevant to the claims or defenses?
4. Prejudice — Was the opposing party prejudiced by the destruction?

Remedies and Sanctions

Courts may impose various sanctions for spoliation:

• Adverse inference instruction — Jury may presume destroyed evidence was unfavorable
• Exclusion of evidence — Related evidence may be excluded
• Monetary sanctions — Costs and attorney fees
• Default judgment — In extreme cases
• Dismissal — Of claims or defenses

Duty to Preserve

A duty to preserve evidence arises when:

• Litigation is pending
• Litigation is reasonably anticipated
• A litigation hold is issued
• Government records retention policies require preservation

Relevance

This statute is particularly relevant when:

• Text messages are deleted after litigation is filed
• Communication records are not preserved despite litigation holds
• Officials claim records are “no longer available”
• Devices are wiped or replaced during pending litigation

Related Statutes

• MCL 750.491 — Tampering with Evidence
• 18 U.S.C. § 1519 — Federal Evidence Destruction