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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.
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.
Dear Mr. Don Johnson, This letter of intent to sue shall serve as a formal notice that Albert Smith intends to commence a lawsuit against you due to the following: Unauthorized removal of hedges and fencing located at the rear of his home at 123 Ave., Capital City.
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.
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.
A spoliation letter is a notice to another party?most often an opposing party?that requests the preservation of relevant evidence. These letters are often used in cases where the defendant holds evidence that is material to the claim.
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.
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.