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Click ‘Get Form’ to open the spoliation letter sample in the editor.
Begin by entering the recipient's address at the top of the letter. This should include their name and any relevant details about the matter.
In the body of the letter, clearly state the purpose of the communication, emphasizing the importance of preserving evidence as outlined in your specific case.
Fill in any placeholders with specific information regarding interrogatories and requests for production that are pertinent to your case.
Review each section carefully, ensuring that all required fields are completed accurately, particularly those related to electronic data preservation.
Once all sections are filled out, utilize our platform’s features to save, sign, and distribute your completed spoliation letter efficiently.

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What is spoliation of evidence?

Today, the term spoliation of evidence is often used during the process of civil litigation. It arises when one side suspects or uncovers that the other party has deliberately, negligently or accidentally destroyed evidence relevant to the case.

Which is an example of evidence spoliation?

Spoliation inference: which means that the court will allow the jury to consider the missing evidence in an unfavorable light to the other side. For example: In DePuy v. Eckes, a 1983 Florida case, the plaintiff gave the defendant a defective hip socket, and the defendant returned it without the broken part.

What are the consequences of spoliation?

Once a finding of intent has been made, the court may impose the following sanctions: (1) presume that the evidence was unfavorable to the spoliating party, (2) instruct the jury either that it may or must presume that the evidence was unfavorable to the spoliating party, or (3) dismiss the case entirely, or enter a

What are the elements of spoliation of evidence?

The tort of intentional spoliation of evidence by a party defendant consists of the following essential elements: (1) the defendants knowledge of a pending or impending civil action involving the plaintiff; (2) the defendants destruction of evidence; (3) in bad faith, that is, with intent to deprive the plaintiff of

How do you write a spoliation letter?

Dear DEFENDANT: This firm represents CLIENT, the driver of the car you crashed into during the Collision. You are hereby advised of your legal obligation to preserve, maintain, prevent spoliation of, and not destroy any evidence which relates to the Collision.

How do you write an evidence preservation letter?

An explanation of the complaint against the individual or company. Facts that outline the reason for the evidence preservation request. A request to preserve specific types of evidence in their possession. The dates of the preservation requirements (at what point in time evidence should be saved)

What is a spoliation letter?

A spoliation letter is a notice to another partymost often an opposing partythat requests the preservation of relevant evidence. These letters are often used in cases where the defendant holds evidence that is material to the claim.

How do you write an evidence preservation letter?

An explanation of the complaint against the individual or company. Facts that outline the reason for the evidence preservation request. A request to preserve specific types of evidence in their possession. The dates of the preservation requirements (at what point in time evidence should be saved)

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Spoliation letter sample 2025

Here's how it works

How to use or fill out spoliation letter sample with our platform

See more spoliation letter sample versions

Complete this form in 5 minutes or less

Got questions?

What is the best way to send my spoliation letter template for eSignature?

How to manage my spoliation letter example from Gmail?

What is spoliation of evidence?

Which is an example of evidence spoliation?

What are the consequences of spoliation?

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People also ask

What are the elements of spoliation of evidence?

How do you write a spoliation letter?

How do you write an evidence preservation letter?

What is a spoliation letter?

How do you write an evidence preservation letter?

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