Destruction of documents if considered relevant and material to a matter, with or without notice, can result in sanctions being imposed upon the offender including a presumption that had the documents been produced they would have proven the issue asserted by the party seeking production of documents. Additional sanctions can include imposition of attorney fees and in drastic cases, a dismissal of a claim or entry of a default judgment.
Record retention managers: Keep it and store it. The truth is always is easier to deal with than having to explain or defend a “spoliation” argument. It’s bad. Very bad.
When it is our government that is bad actor, it is reprehensible. Let’s see how this plays out, but my experiences in litigation tell me that the State of Michigan is not above stooping this low or being so grossly mismanaged that it has these kinds of “oopsies” (not a legal term) all too often.
https://www.freep.com/…/womens-prison-huron-vall…/955458001/