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Sample Preservation Letter - Organization - Peak Forensics

Sample Preservation Letter - Organization - Peak Forensics 2025

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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 data in various forms, including active, archived, and deleted data. It emphasizes the importance of halting data destruction processes and maintaining compliance with preservation requirements, including logging alterations and ensuring all potentially relevant ESI is safeguarded. The letter serves as a guideline for drafting a preservation notice while advising consultation with an ESI expert.

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What is the purpose of a 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.

What is a document preservation notice?

It is crucial to acknowledge receipt of the letter and confirm understanding of the request to preserve specific materials. The response should also include a commitment to comply with the preservation request and outline any steps taken to secure the evidence mentioned.

How to respond to a demand letter from an attorney?

Do not respond with personal attacks or accusations. Only address the issues in the demand letter. Explain why you agree or do not agree with the claims being made and how any information you include supports your position.

How to respond to a preservation of evidence letter?

A preservation letter alerts the recipient to a common law duty to preserve evidence. Preservation letters are critical to many case areas, and attorneys with experience in these areas know exactly how such letters should be written and issued to obtain the best results.

What is an example of an evidence preservation letter?

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.

How to respond to a claim letter?

If you get one of these, the best response is to first contact your business attorney. The notice should be as specific as is reasonably possible. The purpose is to put a business on notice that the data identified in the letter might be needed in a dispute. Beware that ignoring the notice can be problematic.

Sample Preservation Letter - Organization - Peak Forensics 2025

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