Spoliation cites

[Jim Choate]

On Thu, 2 Aug 2001, Aimee Farr wrote:

> business records may be sufficient to raise an unfavorable inference.").
> ...[note business records]...
 
> In cases where a document retention policy is instituted in order to limit
> damaging evidence available to potential plaintiffs, it may be proper to
> give an instruction similar to the one requested by the Lewys. Similarly,
> even if the court finds the policy to be reasonable given the nature of the
> documents subject to the policy, the court may find that under the
> particular circumstances certain documents should have been retained
> notwithstanding the policy. 

Bullshit. 'policy' is not 'required by law'.

The only documents the court can reasonably expect any business to retain,
irrespective of (future) reason or possible motive, are those specifically
required by law. These laws in most states are very limited in this
respect.

For example here in Texas, a business must keep records according to
purchases and sales for tax purposes, but they are not required to keep
identifying info for the parties making those sales/purchases (there are
some specific laws that extend this, eg chemical sales). But the light
store, for example, dumps the actual receipts after 30 days.

Now if a court comes back and says that such a policy is spoliating
because the oinkdroids happen to want to know if somebody purchased a grow 
light on a particular date and the policy prevents that, then it's too
damn bad for the court and the cops.

The law does not allow the courts to make up arbitrary 'should have's'
whenever it wants to simply because it's convenient for the court.

(It's also worth mentioning that the reporter who is in jail in Houston
currently faces a maximum 18 months incarceration, after that they get
popped irrespective of what the judge may want, even judges face habeas
corpus on contempt citations eventually)

If courts are not held to account to the same law they execute then the
law is worthless.


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