This is something you'd learn in your first year at law school. If, as Trump's complaint alleges, Dominion did destroy evidence then the evidence is immediately assumed to support the opposing party's allegations.
Biden's defense would now have to prove there was no fraud as if Trump's team had certain evidence of there being such.
I’m not a law student, but I disagree. The onus is still on the Trump team to prove that fraud exists. “Innocent until proven guilty” applies here. If dominion did destroy evidence, the onus would still be in the Trump team to prove that the evidence was destroyed with criminal intent. Since there are no active law enforcement investigations (thanks FBI) and no charges are pending anywhere that I know of, dominion can destroy all the evidence they want.
nope, that is only criminal court, this is civil
The basic rules still apply even in civil court. There still has to be charges filed and some kind of active investigation.
but aren’t they required by law to preserve the election data for 22 months or something?