I think that's why the parent comment was using the word "should" a lot

How would you interpret the following:

if electronically stored information that should have been preserved in the anticipation or conduct of litigation is lost because a party fails to take reasonable steps to preserve it, and it cannot be restored or replaced through additional discovery, the court only upon finding that the party acted with the intent to deprive another party of the information to use in the litigation may presume that the lost information was unfavorable to the party.