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21 Apr 2015 A trial judge has broad discretion in determining whether to provide a jury with a spoliation presumption instruction. Trevino, supra; Texas Elec. 13 Sep 2016 In Brookshire Bros. v. Aldridge, the Texas Supreme Court clarified the test for when a spoliation jury instruction is appropriate. Since then, two Two recent cases from the Texas Supreme Court and the Fifth Circuit Court of 2014): A trial court may submit a spoliation instruction only if it finds that (1) theSpoliation Instruction. The following is a recommended model jury instruction for the adverse inference resulting from spoliation. [The spoliating party] had a duty In Texas, spoliation is an evidentiary concept not a separate cause of action. finds that spoliation has ocurred, the trial court may submit a spoliation instruction 19 Aug 2014 A recent Texas Supreme Court decision may bring clarity to companies The court did note that the imposition of a spoliation instruction as a 15 Mar 2017 In addition to a spoliation instruction, if a party intentionally destroyed evidence and abused the discovery process, the Texas Rules of Civil 8 Jul 2014 A spoliation jury instruction typically informs the jury that it may consider that missing evidence was unfavorable to the spoliating party, an act 20 Nov 2015 In determining whether or not the remedy is appropriate, the Texas Supreme Court has stated that allowing a spoliation instruction is one of the