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The document provides a sample preservation letter for Electronically Stored Information (ESI), outlining the obligations of the recipient to preserve relevant electronic data in a legal matter. It details the types of ESI that must be preserved, including active, archived, and deleted data, as well as email and internet usage data. The letter emphasizes the importance of compliance and maintaining a log of any alterations or deletions to ensure proper preservation.

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What is a letter of preservation of evidence?

Dear [Opposing Party and/or their Counsel]: This letter requests your immediate action to preserve evidence relevant to the above-referenced dispute and provides notice to [you][your client] of your legal obligation not to alter or destroy any evidence related to this dispute.

What is a preservation of evidence letter for a car accident?

Sending a Preservation of Evidence Letter Helps Your Case Sending that letter promptly legally obligates the defendant to save evidence that can prove your claim. And, if they destroy evidence after receiving the letter, they can experience penalties in court that move a jury to see the defendants fault.

What is a sample letter for preservation of evidence?

Dear : Our law firm represents [name] in the above legal matter in which you [your business] are [is] [will be] named as a defendant. This letter requests your immediate action to preserve electronically stored information that may contain evidence important to the above legal matter.

What does preservation of evidence mean?

What does it mean to preserve evidence? The duty to preserve evidence involves taking steps to protect and maintain information, documents, and physical items, as well as any other forms of potential evidence, so that it remains in its original, unaltered state for use in a legal proceeding.

What is the purpose of the preservation letter?

A preservation letter, or a preservation demand or litigation hold, is a formal written notice sent by one party to another to ensure specific evidence relevant to an ongoing or potential legal proceeding is not destroyed.

preservation letter sample

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What is an example of 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.

What is a notice to preserve evidence?

Also called preservation letters or stop destruction requests, these communications basically advise of the possibility of future litigation and identify relevant documents and ESI which should be preserved.

How to respond to a preservation of evidence letter?

A non-party typically should respond to the preservation demand letter in writing. In this response, the non-party should identify and describe the same objections it anticipates making in response to a subpoena (such as objections due to undue burden or expense, inaccessible data, or problematic production formats).

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