Author Question: Sanctions may include monetary penalties, or an instruction to the jury that they may infer that the ... (Read 71 times)

Kikoku · **on:** Aug 3, 2018

Sanctions may include monetary penalties, or an instruction to the jury that they may infer that the destroyed documents would have been favorable to the opposing party.

a. True
b. False
Indicate whether the statement is true or false

Question 2

What is the duty to preserve documents? Under what circumstances must documents be preserved?

What will be an ideal response?

elyse44 · **Reply #1 on:** Aug 3, 2018

Answer to Question 1

TRUE

Answer to Question 2

Upon notice of a pending lawsuit, a party to the litigation is under a duty to preserve documents and things related to the litigation. The duty to preserve has been extended to include situations where the individual knows or has reason to know that litigation may occur. This is called a litigation hold..