Toman Engineering Co. v. Koch Construction

Citations

• 974 N.W.2d 680
• 2022 ND 104

Syllabus

The district court may exercise its inherent power to sanction when a party violates the duty to preserve evidence and destroys evidence relevant to the lawsuit. The duty to preserve evidence may be discharged and the evidence may be destroyed if the custodial party has a legitimate need to destroy the evidence and has provided sufficient notice to the other parties allowing for a full and fair opportunity to inspect the evidence.