The Duty to Preserve Evidence, a Recent Ruling of the Colorado Supreme Court, and Key Takeaways You Can Use to Set Yourself up for Success in Court
Sam John
October 8, 2025
In Colorado, parties have a duty to preserve evidence when litigation is pending or reasonably foreseeable. The duty to preserve evidence exists for all types of potential litigation, ranging from personal injury claims to business disputes. Lawyers and judges use the term “spoliation” to refer to the destruction of evidence
