Spoliation Letter Template

Via [Certified Mail/Email/Fax]
Date: [Date]

To: [Recipient Name]
[Title]
[Company/Agency]
[Address]

Re: Notice of Spoliation and Demand for Immediate Preservation – [Matter/Case Name]

Dear [Recipient],

1. Background

We represent [Client Name] regarding [description of incident/dispute]. We have learned that relevant evidence may have been destroyed, altered, or remains at risk. This letter serves as formal notice of spoliation concerns and reiterates your duty to preserve all evidence.

2. Identified Evidence at Issue

• [Describe specific records or items believed to have been destroyed or altered, including dates, custodians, systems.]
• [Detail how the evidence is relevant to claims/defenses.]
• [Identify any legal or regulatory preservation obligations triggered (e.g., litigation, agency investigation).]

3. Demand for Preservation and Remedial Measures

• Immediately suspend all deletion, overwriting, or modification of potentially relevant electronically stored information (ESI) and hard copy documents.
• Implement remedial steps to recover lost data where feasible (e.g., restore backups, engage forensic vendor).
• Preserve all remaining physical evidence in its current condition and refrain from repairs or alterations without notice.
• Provide a written description within [Number] days of actions taken to halt further spoliation and recover affected materials.

4. Consequences of Non-Compliance

Failure to preserve evidence may result in court sanctions, adverse inference instructions, monetary penalties, or default judgment. We reserve the right to seek all available remedies.

5. Cooperation Requested

We request the following within [Number] days:
- Identification of preservation custodians and systems now subject to litigation hold.
- Confirmation of steps taken to recover or recreate spoliated evidence.
- A proposal for cooperative discovery, including inspection opportunities or forensic examinations.

6. Reservation of Rights

Nothing in this letter waives any rights or claims of [Client Name]. We expressly reserve all rights, remedies, and evidentiary objections arising from spoliation.

Please direct responses to:

[Attorney Name]
[Law Firm]
[Address]
[Phone] | [Email]

Sincerely,

[Attorney Name]
[Title]
[Law Firm]