A conclusory statement that documents were lost must generally be supported by some explanation from the person most likely to have seen them, or of the efforts made to find them. But the Craddock standard is one of intentional or conscious indifference ¿ that the defendant knew it was sued but did not care. An excuse need not be a good one to suffice. Texas Supreme Court, No. 05-0295
Fidelity and Guaranty Insurance Co. v. Drewery Construction Co., Inc.
Tx. Sup. Ct.
February 24, 2006