The duty to preserve evidence dictates that once litigation is received,evidence must be preserved.

Question

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The duty to preserve evidence arises once litigation is reasonably anticipated, and once litigation is received, all relevant evidence must be preserved to ensure a fair trial. This duty extends to both parties and their attorneys in a legal dispute. Failing to preserve evidence could result in sanctions, adverse inferences, or even dismissal of the case.

The Duty to Preserve Evidence Dictates That Once Litigation Is