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Discovery and courtroom procedure

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We have just studied discovery and courtroom procedure. How should the law handle the situation where one of the parties to a controversy destroys relevant evidence. Arthur Anderson public accounting firm was indicted for shredding documents in the Enron case. Recently, New England Patriots quarterback Tom Brady was allegedly involved in a scheme to deflate footballs in violation of NFL rules. Brady allegedly destroyed a cell phone that contained relevant evidence. Similarly, former Secretary of State and Presidential candidate Hillary Clinton placed government e mails on a private server in violation of government rules. Clinton then wiped the drive of the server before providing it to the FBI for inspection for classified material.

1. What rules of procedure should the courts adopt to address this situation in a civil proceeding?

2. Should the rule be different if it is a criminal proceeding rather than a civil proceeding?

Reference no: EM132703311

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