Document Preservation Letter for an Opposing or Co-Party

by Practical Law Litigation

A Standard Document that is a sample document preservation letter, also known as a preservation demand or notice, to be sent to another party to ensure the retention of relevant evidence. This Standard Document provides a model for counsel to notify an opponent or co-party of its obligation to preserve both hard copy documents and electronically stored information (ESI). It addresses how to describe the scope of information that the recipient must preserve, including specific subject matter, individual custodians, and various types of ESI, such as data from ephemeral messaging applications and Internet of Things (IoT) devices. This Standard Document also discusses the strategic considerations for sending a preservation letter, such as timing and the potential impact of an overly broad request. It outlines how a properly drafted letter can help establish a party's duty to preserve and reduce the risk of spoliation of evidence.