Q: Fl small claims court: how bad is Spoilation evidence? Plaintiff has destroyed evidence. How does judge feel about it?
Plaintiff filed in Dec 2023. Defendant requested text messages in discovery (Feb 2024) plaintiff refused to submit. During deposition, plaintiff inadvertently admitted she had messages and was compelled to produce. She did produce screen shots; some were similar images but had part of the thread deleted. At least 5 instances were probable in the images provided by plaintiff. Defense moved for motion of spoilation and default judgement. How does a judge consider this situation? Plaintiff has invented the complaint and manufactured evidence and now it’s been proven. I’m looking for some who has direct or indirect experience in this area.
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