Posted in: Civil Procedure
| November 11, 2011
Litigants in Kentucky state courts now have new guidance on dealing with spoliation of evidence. Kentucky appellate courts have produced few decisions on the issue of spoliation or destruction of evidence with almost none in the civil context (most involve prosecutorial destruction of evidence). However, with the exponentially increasing digitalization of document storage, the proliferation of emails, and the age of electronic discovery, spoliation of evidence is become a more common issue in civil litigation.