Spoliation rules apply to a duty to preserve electronically stored information when litigation is anticipated as well as once it commences.

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Spoliation rules apply to the duty to preserve electronically stored information both before and after litigation commences. Failure to preserve relevant ESI can result in severe consequences, including sanctions, adverse inferences, and even the dismissal of a case. Spoliation rules require a duty to preserve electronically stored information (ESI) when litigation is anticipated or reasonably foreseeable. This duty continues once litigation commences. Failure to preserve ESI can result in sanctions and adverse inference jury instructions.

Spoliation Rules Apply to a Duty to Preserve Electronically Stored