Crucial Exams

Multistate Bar Examination Practice Question

During a breach of contract case in federal court, the defendant issued discovery requests to the plaintiff, asking for emails and documents relevant to the lawsuit. The plaintiff stated they had provided all the requested files. Later, the defendant discovered that certain emails beneficial to their case were intentionally deleted by the plaintiff after the lawsuit was filed. The plaintiff argues the deleted emails were not critical and the case can proceed without them. What would a federal court most likely do in response to this conduct?

  • Take no further action because the plaintiff claims the emails were not important to the case.

  • Prohibit the defendant from introducing statements about the deleted emails at trial.

  • Impose an instruction to the jury that they may consider the deleted emails unfavorable to the plaintiff's position.

  • Issue a monetary penalty against the plaintiff without additional sanctions.

Multistate Bar Examination
Civil Procedure
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