Preservation of Evidence Letter

PRESERVATION OF EVIDENCE LETTER

Demand to Preserve and Retain Evidence

Preparation gate — do not send this universal form as written. Counsel must record: (1) governing jurisdiction and anticipated forum; (2) concrete claims, defenses, parties, and incident period; (3) the verified preservation trigger and scope; (4) each category's relevance, date range, custodian, system/location, and recipient possession, custody, or control; (5) proportionality, burden, privilege, work-product, privacy, medical, employment, trade-secret, retention, and regulatory limits; (6) any separate inspection, testing, notice, or court process required; and (7) approved recipients and delivery method. Delete every category not tied to the actual dispute.

[LAW FIRM LETTERHEAD]

DATE: [________________________________]

VIA: Certified Mail, Return Receipt Requested
AND: Email to [________________________________]

TO:

[RECIPIENT NAME/COMPANY]
[TITLE/DEPARTMENT]
[ADDRESS]
[CITY, STATE ZIP]

CC:
☐ Insurance Carrier: [________________________________]
☐ Registered Agent: [________________________________]
☐ Corporate Counsel: [________________________________]

RE: PRESERVATION OF EVIDENCE DEMAND

Dear Sir or Madam:

This firm represents [CLIENT NAME] concerning the incident identified above. Based on counsel's completed preparation gate, this letter requests preservation of the specifically identified, potentially relevant material within your possession, custody, or control. It does not demand preservation of unrelated material or create an inspection, production, or access right.

I. NOTICE OF CLAIMS

Our client asserts claims against your company and/or your insured for:

☐ Negligence
☐ Premises Liability
☐ Product Liability
☐ Motor Vehicle Negligence
☐ Negligent Hiring/Supervision/Retention
☐ Vicarious Liability
☐ Strict Liability
☐ Breach of Warranty
☐ Wrongful Death
☐ Other: [________________________________]

II. COUNSEL-VERIFIED PRESERVATION BASIS

Governing source / authority: [INSERT CURRENT CONTROLLING SOURCE]

Trigger and why it is satisfied: [INSERT]

Covered parties, claims/defenses, date range, custodians, systems, and locations: [INSERT]

Counsel-approved statement of potential consequences under the selected law and forum, including required mental state, prejudice, available cure, and decision-maker: [INSERT]. Do not list a sanction, independent claim, or criminal consequence unless current controlling authority supports it for the facts. This request does not resolve whether any consequence would be available.

III. EVIDENCE TO BE PRESERVED

Preserve only the checked categories that counsel has narrowed by relevance, date range, custodian, system/location, and possession/custody/control. Add those limits beside each selection.

A. Physical Evidence

☐ The vehicle(s) involved in the incident, including all components
☐ The product(s) involved, including packaging and instructions
☐ The premises where the incident occurred
☐ Any equipment, machinery, or tools involved
☐ Clothing worn by any party at the time of the incident
☐ Safety equipment and personal protective gear
☐ Debris, fragments, or broken parts
☐ Warning signs, labels, or placards
☐ Any other physical items related to the incident

B. Surveillance and Recording Evidence

☐ Video surveillance footage from all cameras at or near the incident location
☐ Audio recordings
☐ Dashcam footage from any company vehicles
☐ Body camera footage
☐ Photographs taken at or near the time of the incident
☐ CCTV recordings from neighboring properties (please identify and preserve)
☐ Drone or aerial footage

Verified relevant camera(s), location(s), date/time window, retention/overwrite information, custodian, and requested preservation step: [INSERT]

C. Electronic Evidence

☐ All electronically stored information (ESI) related to the incident
☐ Email communications (sent, received, drafted, deleted)
☐ Text messages and instant messages
☐ Voicemail messages
☐ Computer files, documents, and databases
☐ Metadata associated with electronic documents
☐ Backup tapes and archives
☐ Cloud-stored data
☐ GPS and telematics data
☐ Electronic logs and records
☐ Social media posts and communications
☐ Website content and changes
☐ Mobile device data

D. Vehicle-Specific Evidence (if applicable)

☐ The vehicle(s) in unaltered condition
☐ Event Data Recorder (EDR) / "Black Box" data
☐ Airbag control module data
☐ Infotainment system data
☐ GPS/navigation history
☐ Dashcam footage
☐ Telematics/fleet tracking data
☐ Maintenance and repair records
☐ Inspection records
☐ Driver logs (paper and electronic)
☐ Hours of service records
☐ ELD (Electronic Logging Device) data

E. Documentary Evidence

☐ Incident/accident reports
☐ Investigation reports
☐ Witness statements
☐ Photographs taken by any person
☐ Police reports
☐ Citations and violations
☐ Insurance policies and coverage documents
☐ Claims files and correspondence
☐ Prior incident/accident reports at same location
☐ Prior complaints related to similar incidents
☐ Inspection reports
☐ Maintenance and repair records
☐ Training records and materials
☐ Safety manuals and procedures
☐ Operating manuals and instructions
☐ Corporate policies and procedures
☐ Quality control records
☐ Design documents and specifications
☐ Testing records
☐ Regulatory filings and correspondence
☐ Meeting minutes and memoranda
☐ Contracts and agreements
☐ Communications with regulators
☐ Prior litigation files involving similar claims

F. Personnel Records

☐ Personnel file for employees involved
☐ Employment applications and background checks
☐ Training records and certifications
☐ Disciplinary records
☐ Performance evaluations
☐ Drug and alcohol testing records
☐ Medical qualification records (for commercial drivers)
☐ Driving records and MVR reports
☐ Complaints against employees

G. Business Records

☐ Organizational charts
☐ Financial records related to the product or premises
☐ Sales and marketing materials
☐ Customer complaints and feedback
☐ Product recall information
☐ Insurance policies (all types)
☐ Contracts with third parties
☐ Vendor and supplier records

IV. LITIGATION HOLD

If counsel determines the recipient has an applicable preservation duty, implement reasonable steps consistent with the verified scope above. The following are prompts, not universal commands:

1. Suspending routine document destruction policies for all categories of evidence listed above.

2. Notifying all employees who may have possession of relevant evidence of their obligation to preserve such evidence.

3. Preserving electronic data by:
   - Suspending auto-delete functions for emails
   - Preserving backup tapes
   - Preventing overwriting of surveillance footage
   - Preserving ESI in native format with metadata intact

4. Securing physical evidence in a safe location where it will not be altered, damaged, or destroyed.

5. Documenting chain of custody for all preserved evidence.

V. INSPECTION DEMAND

We hereby request the opportunity to inspect and photograph/videotape the following:

☐ The incident scene/premises
☐ The vehicle(s) involved
☐ The product(s) involved
☐ Other: [________________________________]

Please contact us by [COUNSEL-SELECTED DATE] to discuss a mutually acceptable inspection protocol. This letter does not itself compel access, inspection, testing, or alteration; identify and use any required agreement, discovery request, notice, or court process.

VI. SPECIFIC PRESERVATION REQUESTS

For Motor Vehicle Cases:

For each vehicle within the recipient's possession, custody, or control, insert counsel's proportional preservation protocol, permitted safety/storage actions, inspection/testing process, duration, cost allocation, and release procedure. Consider these prompts only:

• Do NOT repair, sell, or dispose of the vehicle
• Do NOT alter any mechanical or electrical components
• Do NOT download or erase EDR/black box data
• Do NOT clear any computer codes or fault codes
• Preserve all tires, including the spare
• Preserve all fluid samples
• Secure the vehicle in a covered location

For Premises Liability Cases:

Do not direct a recipient to leave an unsafe condition in place. Insert counsel's protocol for documenting relevant conditions before necessary repair, remediation, code compliance, or ordinary operations, including notice and inspection opportunities where appropriate. Consider these prompts only:

• Do NOT repair or alter the condition that caused the incident
• Do NOT alter lighting, flooring, or other environmental conditions
• Do NOT discard any warning signs, mats, or safety equipment
• Preserve surveillance footage from [DATE] through [DATE]
• Preserve maintenance logs and work orders
• Preserve inspection records

For Product Liability Cases:

For each product within the recipient's possession, custody, or control, insert counsel's protocol for safe custody, non-destructive inspection, testing, notice, duration, cost allocation, and eventual release. Consider these prompts only:

• Do NOT repair, discard, or return the product to the manufacturer
• Preserve all packaging, instructions, and warnings
• Preserve purchase receipts and documentation
• Do NOT conduct any testing without notice to all parties

VII. ACKNOWLEDGMENT REQUESTED

Please acknowledge receipt by [COUNSEL-SELECTED DATE] and identify a contact for discussing the scoped requests. Any confirmation requested below must match the recipient's actual duty, systems, and approved protocol:

☐ Implemented a litigation hold
☐ Identified and preserved all surveillance footage
☐ Preserved electronic evidence and suspended auto-delete policies
☐ Secured physical evidence
☐ Notified relevant employees of preservation obligations

VIII. CONTACT INFORMATION

Please direct all communications regarding this matter to:

[ATTORNEY NAME]
[LAW FIRM NAME]
[ADDRESS]
[CITY, STATE ZIP]
Phone: [________________________________]
Fax: [________________________________]
Email: [________________________________]

IX. CONCLUSION

This letter is limited to the claims, defenses, parties, time periods, custodians, systems, locations, and categories identified after counsel's review. It does not purport to define the full scope of any party's legal obligations.

If a preservation dispute arises, the sender reserves only those requests, procedures, and remedies current controlling law permits on the established facts.

We expect your prompt compliance with this demand.

Very truly yours,

[SIGNATURE]

[ATTORNEY NAME]
Attorney for [CLIENT NAME]
[STATE BAR NUMBER]

Enclosures:
☐ None

cc:
☐ [CLIENT NAME]
☐ [INSURANCE CARRIER]
☐ File

PRESERVATION LETTER TRACKING

For Law Firm Use:

Follow-up Actions: