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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.
March 06, 2006 at 12:00 AM
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The original version of this story was published on Texas Lawyer
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