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"Reportable" CASE NO: A 62/2010 IN THE HIGH COURT OF NAMIBIA In the matter between: JOHANNES OBERHOLSTER and GEORGE SEBASTIAAN WOLFAARDT JACOBZ ANNETTE JACOBSZ ANNA MARGARETHA OBERHOLSTER.

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Rule 37(e) curative measures or sanctions are available only if ESI that should have been preserved “is lost.” The Advisory Committee Note provides that: “Because electronically stored information often exists in multiple locations, loss from one source may be harmless when substitute information can be found elsewhere ...

Motion for Spoliation Instruction The doctrine of spoliation refers to the improper destruction of evidence relevant to a case.

The spoliation doctrine has generally been applied to punish those. parties who destroy relevant documents in bad faith.20 In essence, where. the duty to preserve potentially relevant evidence clearly exists, and that. duty is disregarded and consequently prevents the production of relevant.

No cause of action exists for tortious spoliation against a nonparty, absent the violation of a subpoena or an agreement to preserve the evidence. Against parties, remedies for spoliation include an adverse inference against the spoliator, the preclusion of evidence and the dismissal of the case.

37. On notice to other parties and all affected persons, a party may move for an order compelling discovery. The motion shall include a certification that the movant has in good faith conferred or attempted to confer with the person or party failing to make discovery in an effort to obtain it without court action.

Rule 37(e) applies only to ESI “lost because a party failed to take reasonable steps to preserve it.” Thus, the rule applies only to parties. The rule does not by its terms apply to spoliation by a relevant nonparty — or sanctions to be imposed on a party as a result of spoliation by a third party.

The process for setting aside default judgment You will need to make an application to the court regardless of whether consent is obtained, but seeking consent may mean that the claimant does not oppose the application, potentially reducing the costs of the application.

Rule 37-Failure to Make or Cooperate in Discovery: Sanctions. (a) Motion for Order Compelling Disclosure or Discovery. A party, upon reasonable notice to other parties and all persons affected thereby, may apply for an order compelling disclosure or discovery as follows: (1) Appropriate Court.

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© Copyright 1997-2025
airSlate Legal Forms, Inc.
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Form Packages
Adoption
Bankruptcy
Contractors
Divorce
Home Sales
Employment
Identity Theft
Incorporation
Landlord Tenant
Living Trust
Name Change
Personal Planning
Small Business
Wills & Estates
Packages A-Z
Form Categories
Affidavits
Bankruptcy
Bill of Sale
Corporate - LLC
Divorce
Employment
Identity Theft
Internet Technology
Landlord Tenant
Living Wills
Name Change
Power of Attorney
Real Estate
Small Estates
Wills
All Forms
Forms A-Z
Form Library
Customer Service
Terms of Service
Content Takedown Policy
Bug Bounty Program
About Us
Blog
Affiliates
Contact Us
Privacy Notice
Delete My Account
Site Map
Industries
Forms in Spanish
Localized Forms
State-specific Forms
Forms Kit
Legal Guides
Real Estate Handbook
All Guides
Prepared for You
Notarize
Incorporation services
Our Customers
For Consumers
For Small Business
For Attorneys
Our Sites
US Legal Forms
USLegal
FormsPass
pdfFiller
signNow
airSlate workflows
DocHub
Instapage
Social Media
Call us now toll free:
+1 833 426 79 33
As seen in:
  • USA Today logo picture
  • CBC News logo picture
  • LA Times logo picture
  • The Washington Post logo picture
  • AP logo picture
  • Forbes logo picture
© Copyright 1997-2025
airSlate Legal Forms, Inc.
3720 Flowood Dr, Flowood, Mississippi 39232