Preservation of Evidence Letter

PRESERVATION OF EVIDENCE LETTER

Demand to Preserve and Retain Evidence

[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] in connection with injuries sustained on [DATE OF INCIDENT] at [LOCATION]. This letter serves as formal notice of our client's claims and a demand that you immediately preserve all evidence relating to this incident.

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. LEGAL DUTY TO PRESERVE EVIDENCE

You are hereby placed on notice that you have a legal duty to preserve all evidence that may be relevant to the above-referenced claims. This duty arises from the reasonable anticipation of litigation and applies to all potentially relevant evidence, whether favorable or unfavorable to any party.

The destruction, alteration, or failure to preserve evidence may constitute spoliation, which can result in:

• Adverse inference instructions to the jury
• Monetary sanctions
• Exclusion of evidence
• Dismissal of claims or defenses
• Independent tort liability for spoliation
• Criminal penalties in some jurisdictions

III. EVIDENCE TO BE PRESERVED

You are directed to immediately preserve, and refrain from destroying, altering, concealing, or disposing of, the following categories of evidence:

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

IMPORTANT: Surveillance footage is often automatically overwritten within days or weeks. You must immediately take steps to preserve all footage from the date of the incident.

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

You are directed to immediately implement a "litigation hold" to ensure preservation of all evidence described above. This includes:

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 within [14] days to arrange a mutually convenient time for inspection.

VI. SPECIFIC PRESERVATION REQUESTS

For Motor Vehicle Cases:

The vehicle(s) involved in this incident must be preserved in substantially the same condition as immediately after the collision. Specifically:

• 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:

The premises must be preserved in substantially the same condition as at the time of the incident. Specifically:

• 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:

The product(s) must be preserved in substantially the same condition. Specifically:

• 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 of this letter in writing within [10] days and confirm that you have taken the following steps:

☐ 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 not intended to be an exhaustive list of all potentially relevant evidence. You are obligated to preserve any and all evidence that may be relevant to our client's claims, whether or not specifically listed above.

Failure to preserve evidence as demanded herein may result in our seeking all available sanctions and remedies, including but not limited to adverse inference instructions, monetary sanctions, and claims for intentional spoliation of evidence.

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: