Tenn. R. Civ. P. 34A.02
Rule 37 sanctions may be imposed upon a party or an agent of a party who discards, destroys, mutilates, alters, or conceals evidence.
Tenn. R. Civ. P. 34A.02
Advisory Commission Comments [1992].
Concern over destructive testing of real evidence prompted this addition to the Rules of Civil Procedure. If one party's expert destroys a tangible thing in testing, the opponent will be deprived of similar testing and may be without evidence to support a claim or defense. Requiring a motion, which would put the opponent on notice, and giving the court discretion to set conditions should prevent an unjust result. The rule applies, however, only where a civil action has been commenced.
Advisory Commission Comments [1994].
The amendment provides for destruction or other disposition in addition to testing.
Advisory Commission Comment [2006].
The rule has a new, broader heading. Rule 34A.02 is new. Also, Rule 37 sanctions are made available against offenders. Those sanctions include, at 37.02, refusal to allow claims or defenses; even dismissal of a plaintiff's complaint and entry of default judgment against a defendant are possible.