CT · jury_instructions
Conn. Civ. Jury Instr. 2.3-4
Spoliation of Evidence
The <name of party claiming spoliation> claims that <name of party> intentionally
(damaged/lost/destroyed) the following relevant evidence: <describe evidence>. Our law allows
you to draw an adverse inference, that is, that the evidence would have been unfavorable to
<name of party>, <name of party claiming spoliation> must prove that:
1. the evidence was (damaged/lost/destroyed) at a time when <name of party>
was on notice of a duty to preserve it;
2. the (loss/damage/destruction) was intentional. This does not mean that there
must have been an intent to perpetrate a fraud, but rather, that the evidence
had been disposed of intentionally and not merely destroyed inadvertently;
and
3. <Name of party claiming spoliation> used due diligence to have the
evidence preserved or produced.
You are not required to draw the inference that the (damaged/lost/destroyed) evidence would be
unfavorable to <name of party>, but you may do so if you are satisfied that these conditions have
been met.
Provenance
- Source
- jud.ct.gov
- Retrieved
- 2026-08-23
- Edition
- 2026-08-23
- Content hash
743b4040b174ca9cfeed5e5ff3a59e7a1f2cce9bfd5ddb7344e708ce2a796bb6
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