Rule 34A. Spoliation of Evidence

Rule 34A.01. Testing of Tangible Things

Before a party or an agent of a party, including experts hired by a party or counsel, conducts a test materially altering the condition of tangible things that relate to a claim or defense in a civil action, the party shall move the court for an order so permitting and specifying the conditions. Rule 37 sanctions may be imposed on an offending party.

Click here for Advisory Commission Comments to Rules 34A.01-34A.02.

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