Legal Question in Civil Litigation in New York

I understand that the alteration or destruction of a document would be considered Spoliation of evidence. Would the withholding of documents also be considered Spoliation of evidence as well? Would I be able to sue my employer for withholding a critical piece of evidence from my lawyer (even after we issued a subpoena and he still didn't give it to us) for Spoliation or Spoliation of evidence?


Asked on 7/14/10, 4:17 pm

1 Answer from Attorneys
Jason Kessler Law Offices of Jason B. Kessler, P.C.

No. Spoilation of evidence is destruction of evidence. If your employer is withholding a critical piece of evidence then they must have a privilege or some other legally valid reason why they are not giving it to your lawyer. I would also ask your attorney if he/she has even requested said evidence.

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Answered on 7/14/10, 7:42 pm


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