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13-1650. Spoliation of evidence.

            ___________________ (name of plaintiff) says in this case that ___________________ (name of defendant) intentionally [disposed of, destroyed, mutilated or significantly altered] evidence relevant to a [potential lawsuit] [lawsuit].  In order to prove intentional spoliation of evidence, ___________________ (plaintiff) must prove each of the following:

1.         There was [a lawsuit] [the potential for a lawsuit];

2.         ___________________ (defendant) knew there was [a lawsuit] [the potential for a lawsuit];

3.         ___________________ (defendant) disposed of, destroyed, mutilated or significantly altered potential evidence;

4.         By its conduct __________________'s (defendant's) sole intent was to disrupt or defeat a potential lawsuit;

5.         The destruction or alteration of the evidence resulted in __________________'s (plaintiff's) inability to prove [his] [her] case;

6.         ___________________ (plaintiff) suffered damages as a result of the destruction or alteration.

 

USE NOTES

            This instruction is to be used when the plaintiff brings a claim for intentional spoliation of evidence.

[Approved, effective March 21, 2005.]

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.