SB1619
Evidence; establishes that a party or potential litigant has a duty to preserve.
Summary
As Passed Both Chambers. Spoliation of evidence.
Establishes that a party or potential litigant has a duty to preserve evidence that may be relevant to reasonably foreseeable litigation. The bill further provides that a court (i) upon finding prejudice to another party from loss, disposal, alteration, concealment, or destruction of such evidence, may order measures no greater ... (More) than necessary to cure the prejudice, or (ii) only upon finding that the party acted recklessly or with the intent to deprive another party of the evidence's use in the litigation, may (a) presume that the evidence was unfavorable to the party, (b) instruct the jury that it may or shall presume that the evidence was unfavorable to the party, or (c) dismiss the action or enter a default judgment. The bill further provides that no independent cause of action for negligent or intentional spoliation of evidence is created. (Less)-
Bill History
- 01/09/2019 - Senate: Prefiled and ordered printed; offered 01/09/19 19102920D
- 01/09/2019 - Senate: Referred to Committee for Courts of Justice
- 01/23/2019 - Senate: Reported from Courts of Justice (15-Y 0-N)
- 01/25/2019 - Senate: Constitutional reading dispensed (38-Y 1-N)
- 01/28/2019 - Senate: Read second time and engrossed
- 01/29/2019 - Senate: Read third time and passed Senate (40-Y 0-N)
- 02/04/2019 - House: Placed on Calendar
- 02/04/2019 - House: Read first time
- 02/04/2019 - House: Referred to Committee for Courts of Justice
- 02/08/2019 - House: Assigned Courts sub: Subcommittee #2
- 02/11/2019 - House: Subcommittee recommends reporting (8-Y 0-N)
- 02/18/2019 - House: House committee, floor amendments and substitutes offered
- 02/18/2019 - House: Reported from Courts of Justice with amendment (16-Y 0-N)
- 02/19/2019 - House: Read second time
- 02/20/2019 - House: Read third time
- 02/20/2019 - House: Committee amendment agreed to
- 02/20/2019 - House: Engrossed by House as amended
- 02/20/2019 - House: Passed House with amendment BLOCK VOTE (100-Y 0-N)
- 02/20/2019 - House: VOTE: BLOCK VOTE PASSAGE (100-Y 0-N)
- 02/21/2019 - Senate: House amendment rejected by Senate (1-Y 39-N)
- 02/21/2019 - House: House insisted on amendment
- 02/21/2019 - House: House requested conference committee
- 02/21/2019 - Senate: Senate acceded to request (39-Y 0-N)
- 02/21/2019 - Senate: Conferees appointed by Senate
- 02/21/2019 - Senate: Senators: Obenshain, Petersen, Stuart
- 02/21/2019 - House: Conferees appointed by House
- 02/21/2019 - House: Delegates: Leftwich, Campbell, J.L., Bourne
- 02/23/2019 - Conference: Amended by conference committee
- 02/23/2019 - Senate: Conference substitute printed 19107523D-S1
- 02/23/2019 - House: Conference report agreed to by House (95-Y 0-N)
- 02/23/2019 - House: VOTE: ADOPTION (95-Y 0-N)
- 02/23/2019 - Senate: Conference report agreed to by Senate (40-Y 0-N)
- 03/07/2019 - Senate: Enrolled
- 03/07/2019 - Senate: Bill text as passed Senate and House (SB1619ER)
- 03/07/2019 - House: Signed by Speaker
- 03/09/2019 - Senate: Signed by President
- 03/11/2019 - Senate: Enrolled Bill Communicated to Governor on March 11, 2019
- 03/11/2019 - Governor: Governor's Action Deadline Midnight, March 26, 2019
- 03/21/2019 - Governor: Approved by Governor-Chapter 732 (effective 7/1/19)
- 03/21/2019 - Governor: Acts of Assembly Chapter text (CHAP0732)
