Virginia Senate Bill SB86

Virginia 2024 Regular Session

• Introduced: 1/1/24
• Refer: 1/1/24

Caption

Evidence; spoliation.

Impact

The bill's amendments are significant as they would clarify the standards for legal obligations related to evidence preservation in Virginia. By providing a clear framework, SB86 aims to reduce ambiguity and potential disputes over spoliation claims, thereby facilitating more efficient litigation processes. In case evidence is lost, the bill specifies that courts may impose measures necessary to remedy any resultant prejudice to the affected party, which can include court instructions on how the jury should treat such loss. Crucially, it establishes that a finding of intent to deprive another party of evidence is required for more severe remedies like default judgments.

Summary

SB86 aims to amend the provisions related to spoliation of evidence within the Code of Virginia. The bill establishes the duty of parties involved in litigation to preserve evidence that may be pertinent to foreseeable litigation. This includes defining the responsibilities of parties regarding their obligations to maintain evidence when they are aware that litigation is likely. The bill outlines the circumstances under which a party's failure to preserve evidence may be penalized and the measures a court can take if evidence is lost due to negligence or misconduct.

Contention

Debates surrounding SB86 may focus on the balance of responsibility between parties in litigation. Critics might argue that imposing strict duties on evidence preservation could lead to unfair consequences for parties who unintentionally lose evidence. Moreover, concerns could arise regarding how the bill delineates 'recklessness' and the potential for subjective interpretation in court, which may lead to inconsistencies across different cases. Additionally, while the bill provides a comprehensive framework, it explicitly states that it does not create an independent cause of action for negligent or intentional spoliation, which might restrict litigants who wish to pursue claims directly related to the misconduct of evidence preservation.