The preservation duty attaches when litigation is reasonably anticipated, which may precede filing. Common triggers include a demand letter, a serious incident, a regulatory inquiry, or internal recognition that a dispute is likely.
The date determines when routine deletion must be suspended.
Alternative Names:
Preservation Trigger, Duty Trigger Date
Why it Matters?
Establishing the trigger date is the first analysis in any spoliation dispute, and organizations frequently place it later than a court will. Internal emails discussing a likely claim, incident reports escalated to legal, and insurance notifications all suggest anticipation preceding any formal demand. Documenting the trigger determination contemporaneously is more persuasive than reconstructing it after the dispute arises.
Frequently Confused with
Related terms
Frequently asked questions
What triggers the preservation duty?
Why document the trigger determination?
