What is the current state of the law in relation to loss of evidence in a civil case?
"New York", United States of America
The following excerpt is from People v. Hampton, 120 Misc.2d 757, 466 N.Y.S.2d 589 (N.Y. City Ct. 1983):
Relying on the approach followed in United States v. Augenblick, 393 U.S. 348, 89 S.Ct. 528, 21 L.Ed.2d 537 (1969), the court held that whether due process principles had been violated would depend on an analysis of the circumstances surrounding the nonpreservation of the unavailable evidence.
Applying these principles Bryant I held that:
An exception for good faith loss of important evidence must not be allowed
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