Discovery · Question 10 of 10

What is spoliation of evidence?

Spoliation is the destruction or failure to preserve evidence relevant to litigation, which can lead to sanctions or adverse inference instructions.… General legal information for self-represented litigants—not legal advice.

Short answer

Spoliation is the destruction or failure to preserve evidence relevant to litigation, which can lead to sanctions or adverse inference instructions.

What the court expects

The duty to preserve can begin when litigation is reasonably anticipated—not only after suit is filed.

Practical steps

Implement a litigation hold on emails, texts, and accounts when dispute becomes serious.

Earlier in this series

If you are working through this topic step by step, review "How long do I have to respond to discovery?" before moving to related deadlines and filings.

References and official sources

Cross-check every rule and deadline against current official publications. Links open external government and court resources.

Discovery path

Progressive path: quick Q&A → deeper help → structured learning.

  1. Q&APro se Q&A: Discovery
  2. Legal helpEvidence for court
  3. AcademyAcademy: Discovery and dispositive motions
  4. TexasTexas process: Discovery

This Litigation Architect Q&A series provides general legal information for self-represented litigants. It is not legal advice, does not create an attorney-client relationship, and does not guarantee outcomes. Verify all deadlines, rules, and local requirements on your official court docket and with qualified counsel when needed.