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Spoliation of Evidence in Family Matters

By Bari Brandes Corbin and Evan B. Brandes
June 24, 2013

It is a well-established rule of evidence that a party's intentional destruction of written evidence relevant to proof of an issue at trial can support an inference that the evidence would have been unfavorable to the party responsible for its destruction. 2 John Henry Wigmore, Evidence in Trials at Common Law ' 291 (James H. Chadbourn rev.1979). This common law rule, which' was expanded to the area of discovery sanctions in 1994, has recently been applied in matrimonial actions, and creates a potentially perilous path for the matrimonial attorney.

Spoliation Law in New York

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