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December 2013 Archives

Duty to Preserve Evidence: Severe Sanctions for Spoliation of Electronic Data

Parties involved in litigation have a duty to preserve evidence, including electronic data. The U.S. District Court for the Eastern District of Michigan recently ruled that, if electronic data is deleted or destroyed in bad faith, monetary sanctions may be imposed along with an irrefutable adverse inference at trial that the destroyed data contained information that is unfavorable to the culpable party. The irrefutable inference may be immensely damaging to a party's chances at trial because it gives the jury free rein to assume the worst about the evidence that has been "covered up." The jury can use its imagination to assume which documents were destroyed, and the jury may come to the conclusion that a party who destroys evidence may be untrustworthy with respect to other issues in controversy.

Michigan county offers child support amnesty and payment help

When people think of amnesty, immigration issues probably come to mind. But amnesty is taking a different angle in one Michigan County. Genesee County established an amnesty program for parents with outstanding child support warrants.

Keep children's well-being at the forefront of divorce

The reality is that many marriages end. The end can be seamless and amicable, or it can be contentious and drawn out. A Farmington Hills divorce attorney may be able to help couples create a more amicable process, while reaching fair and equitable results in the divorce settlement. Nonetheless, some Michigan couples still have a hard time seeing eye-to-eye in a divorce. In these cases, it is important to keep the fighting and controversy away from any children because divorce can have a negative impact on children.

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