13-1650. Spoliation of evidence.
___________________ (name of plaintiff) says in this case that ___________________ (name of defendant) intentionally [disposed of, destroyed, mutilated or significantly altered] evidence relevant to a [potential lawsuit] [lawsuit]. In order to prove intentional spoliation of evidence, ___________________ (plaintiff) must prove each of the following:
1. There was [a lawsuit] [the potential for a lawsuit];
2. ___________________ (defendant) knew there was [a lawsuit] [the potential for a lawsuit];
3. ___________________ (defendant) disposed of, destroyed, mutilated or significantly altered potential evidence;
4. By its conduct __________________'s (defendant's) sole intent was to disrupt or defeat a potential lawsuit;
5. The destruction or alteration of the evidence resulted in __________________'s (plaintiff's) inability to prove [his] [her] case;
6. ___________________ (plaintiff) suffered damages as a result of the destruction or alteration.
USE NOTES
This instruction is to be used when the plaintiff brings a claim for intentional spoliation of evidence.
[Approved, effective March 21, 2005.]