“Spoliation and the Duty to Preserve: Practical Considerations for Georgia Litigators”

Swift Currie attorneys Jon Stewart and Marissa Merrill co-authored an article for the Daily Report discussing practical considerations for Georgia litigators regarding spoliation and the duty to preserve relevant evidence.

Stewart and Merrill emphasized the importance of preserving evidence immediately after an incident, creating a file of materials related to the incident, and sending preservation of evidence letters to confirm the other party’s duty.

“Not only is spoliation an issue because important evidence is no longer available for either party to use, but it is a reminder as to how the failure to preserve evidence can adversely affect your case,” said Stewart and Merrill. “Attorneys would be well advised to remind their clients of the duty to preserve any evidence related to the incident or involved parties, investigate the details of missing evidence to prepare for a spoliation inquiry and avoid sanctions, and consider whether a spoliation argument against the opposing party may help their case.”

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