Skip to content
NeCede's

Maxim 9.3.7

All things are presumed against a despoiler.

Omnia praesumuntur contra spoliatorem.

Source: Broom, Max. 938; Best, Ev. §303 Difficulty 1/5 — Foundational

Explanation

Where a party destroys or suppresses evidence, the law raises every presumption against him — he who silences the proof is presumed to fear its voice.

Where this applies

  • The other side destroyed documents that would have helped my case.
  • Evidence was tampered with or suppressed by the opposing party.
  • They shredded records right before the lawsuit and now everything should be presumed against them.

Topics

Presumptions

Legal domains

evidenceprocedural

See also

Cite this maxim

NeCede Max. 9.3.7 — All things are presumed against a despoiler. — Broom, Max. 938; Best, Ev. §303 (Omnia praesumuntur contra spoliatorem.)

Found an error? Suggest a correction →