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Preservation Letter
Notify parties to preserve evidence with this Preservation Letter Template.
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Preservation Letter Template
[Date]
[Recipient Name]
[Title/Position]
[Company/Organization]
[Address]
Re: Preservation of Evidence Related to [Case/Subject]
Dear [Recipient Name],
This letter serves as a formal request and instruction that you preserve all documents, communications, records, and electronically stored information (ESI) that may be relevant to [describe matter, e.g., potential litigation, ongoing investigation, contractual dispute].
1. Scope of Preservation
You are directed to preserve, without limitation, the following:
Emails and electronic communications.
Paper records, contracts, and correspondence.
Databases, spreadsheets, and financial records.
Text messages, chat logs, and voicemails.
Social media content.
Backup tapes and archived data.
Any other relevant physical or electronic evidence.
2. Duty to Suspend Routine Deletion
You must immediately suspend any automatic deletion, overwriting, or recycling of records and data storage systems that may destroy relevant materials.
3. Timeframe
This duty applies to all records created or maintained from [Start Date] to the present and continues until further notice.
4. Confidentiality and Security
All preserved materials must be maintained securely to prevent alteration, destruction, or unauthorized access.
5. Consequences of Non-Compliance
Failure to comply with this preservation request may result in sanctions, penalties, or adverse findings in court proceedings.
6. Acknowledgment of Receipt
Please confirm in writing that you have received this letter and that preservation measures are in place.
Sincerely,
[Your Name]
[Your Title / Law Firm / Organization]
[Contact Information]
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Preservation Letter
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For quick answers, scroll below to see the FAQ.
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For quick answers, scroll below to see the FAQ.
PRESERVATION LETTER FAQ
What is a Preservation Letter?
A Preservation Letter, also known as a litigation hold letter, is a formal communication requesting that a party preserve all documents, records, and electronic data potentially relevant to a legal dispute or investigation.
Why is a Preservation Letter important?
It prevents spoliation (destruction or alteration) of evidence and helps ensure that relevant materials are available during discovery or trial. Sending one also demonstrates good faith and diligence in the litigation process.
When should you use a Preservation Letter?
Use it when litigation is pending, reasonably anticipated, or when you suspect that another party holds documents or data relevant to a potential claim or defense. Attorneys often send preservation letters before filing lawsuits.
What should a Preservation Letter include?
It should identify the parties, describe the subject matter, specify categories of documents and data to be preserved (including electronic formats), and warn of potential legal consequences for failure to comply.
Does sending a Preservation Letter guarantee compliance?
Not necessarily, but it places the recipient on notice. If evidence is later destroyed, courts may impose sanctions, adverse inferences, or other remedies against the responsible party.
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