Court's Inherent Authority to Impose Sanctions for Spoliation of Evidence After Amended FRCP 37(e) | Practical Law
Recently-amended Federal Rule of Civil Procedure (FRCP) 37(e) sets a uniform federal standard for imposing sanctions for spoliation of electronically stored information (ESI) evidence. The rule is intended to provide the sole source of authority for imposing sanctions for ESI spoliation. However, decisions interpreting the amended rule show that under some circumstances, a court may still impose sanctions under its inherent authority.