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A Funny Thing Happened on the Way to - Or the Discovery Subcommittee's Revised Rule 37(e) Returns to "Gotcha" Litigation (PDF)

The Subcommittee recommended that a court may impose an adverse jury instruction for failing to preserve evidence under Rule 37 absent a showing of prejudice, and at the same time it has expansively broadened a party's liability to preserve evidence even if no showing of prejudice is made.

Publisher :LexisNexis Emerging Issues Analysis
Format: Electronic, 8 Pages , PDF

ISBN: 9781422429983

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