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What Is an Evidence Preservation Letter? A preservation letter, also known as a preservation demand or preservation notice, is written communication sent by a would-be plaintiff's legal team to the defendant requesting that any evidence he or she may have that is pertinent to the case be preserved.
A letter of intent to sue notifies a defendant that a lawsuit may be filed against them in court if demands are not met. The letter will summarize the alleged unlawful act and indicate a time frame in which the defendant may settle the matter to avoid legal proceedings.
Preservation Letter Sample for Auto Case Dear DEFENDANT: This firm represents CLIENT, the driver of the car you crashed into during the Collision. You are hereby advised of your legal obligation to preserve, maintain, prevent spoliation of, and not destroy any evidence which relates to the Collision.
Put Your Client's Hold Notice in Writing, and Be Specific: A good Litigation Hold Notice should clearly identify the reason for the hold, should prohibit the destruction of relevant documents, and should identify what sort of information is considered relevant.
Sending a Preservation of Evidence Letter Helps Your Case Sending that letter promptly legally obligates the defendant to save evidence that can prove your claim. And, if they destroy evidence after receiving the letter, they can experience penalties in court that move a jury to see the defendant's fault.
Preservation of evidence is the process of saving information that may be relevant to a potential or ongoing lawsuit so that it cannot be altered, lost, or destroyed. In other words, evidence preservation is the active avoidance of spoliation.
Our law firm represents [name] in the above legal matter in which you [your business] are [is] [will be] named as a defendant. This letter requests your immediate action to preserve electronically stored information that may contain evidence important to the above legal matter.
A preservation letter, also known as a preservation demand or preservation notice, is written communication sent by a would-be plaintiff's legal team to the defendant requesting that any evidence he or she may have that is pertinent to the case be preserved.