Evidence; establishes that a party or potential litigant has a duty to preserve. (SB1619)

Introduced By

Sen. Mark Obenshain (R-Harrisonburg)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Spoliation of evidence. Establishes that a party or potential litigant has a duty to preserve evidence that may be relevant to reasonably foreseeable litigation. The bill further provides that a court (i) upon finding prejudice to another party from loss, disposal, alteration, concealment, or destruction of such evidence, may order measures no greater than necessary to cure the prejudice or (ii) only upon finding that the party acted with the intent to deprive another party of the evidence's use in the litigation, may (a) presume that the evidence was unfavorable to the party, (b) instruct the jury that it may or shall presume that the evidence was unfavorable to the party, or (c) dismiss the action or enter a default judgment. Read the Bill »

Status

01/09/2019: Awaiting a Vote in the Courts of Justice Committee

History

DateAction
01/09/2019Prefiled and ordered printed; offered 01/09/19 19102920D
01/09/2019Referred to Committee for Courts of Justice

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