A preservation letter identifies the anticipated litigation, describes the categories of evidence to be retained, and requests suspension of routine deletion. It is typically sent before suit is filed.
Effective letters specify systems, custodians, and data types rather than demanding preservation of everything relevant.
Alternative Names:
Spoliation Letter, Evidence Preservation Demand
Why it Matters?
The letter's value is establishing notice with specificity, since a spoliation argument is much stronger where the destroyed material was expressly identified in advance. Receiving one should trigger an immediate hold and a documented preservation response, because the recipient's conduct after notice is what a court examines. Generic letters demanding preservation of all potentially relevant material provide weaker support than itemized ones.
Frequently Confused with
Frequently asked questions
What makes a preservation letter effective?
What should a recipient do?
