spoliation-letter

# Spoliation Letter (Evidence Preservation Demand)

Generates a formal letter establishing the opposing party's duty to preserve evidence and creating a record to support future sanctions motions.

## Prerequisites

Gather before drafting:

- **Parties** — full legal names, addresses, counsel if known
- **Incident** — date, location, nature of incident and injuries
- **Known evidence** — specific items already identified (cameras, vehicles, products, records)
- **Case type** — premises liability, motor vehicle, product liability, medical malpractice, or other PI subcategory
- **Jurisdiction** — for state-specific spoliation standards

## Quick Start

1. Collect party and incident details from intake documents
2. Identify case type to select evidence categories
3. Draft letter following the required sections below
4. Tailor evidence itemization with case-specific items from uploaded documents
5. Send via certified mail (return receipt requested); concurrent email if address known

## Required Letter Sections

### 1. Opening — Representation & Notice

- Identify attorney/firm and client
- State date, location, and general nature of incident
- Do NOT disclose work product or litigation strategy

### 2. Legal Duty to Preserve

- Demand preservation of all relevant evidence
- State duty attaches once litigation is reasonably anticipated
- Require immediate suspension of routine destruction/retention policies
- Require litigation hold across all custodians

### 3. Evidence Itemization (Case-Type Specific)

Select and tailor from applicable categories:

| Case Type | Key Categories |
|---|---|
| Premises liability | Surveillance footage (camera locations + time window), incident reports, maintenance/inspection logs, prior complaints, repair records, photographs, safety policies |
| Motor vehicle | EDR/black box data, dashcam footage, vehicle maintenance records, driver logs/hours-of-service, employment/training records, cell phone records, GPS data |
| Product liability | Subject product and exemplars, design specs, testing/QA records, prior complaints/recalls, modification history, marketing materials, regulatory submissions |
| All cases | Emails, texts, instant messages, social media, internal communications, photos/video, insurance files, personnel/training files, policies and procedures, financial records |

Always append catch-all: *"any other documents, data, or tangible items potentially relevant to [Client]'s claims."*

### 4. Electronic Evidence Specifics

- Demand preservation of metadata, backup tapes, cloud storage, archived data
- Name specific systems/platforms if known
- Require preservation in native format

### 5. Consequences of Non-Compliance

State spoliation may result in:

- Adverse inference jury instructions
- Issue/fact preclusion
- Monetary sanctions
- Dismissal of defenses or default judgment
- Independent tort liability for spoliation
- Punitive damages exposure

### 6. Compliance Demand

- Written confirmation within **10 business days**
- Must identify: (a) preservation steps taken, (b) custodians responsible, (c) scope of litigation hold

### 7. Closing & Signature Block

- Attorney name, firm, address, phone, email, bar number

## Letter Template

```
[DATE]

Via Certified Mail, Return Receipt Requested
[Also via email: ___]

[RECIPIENT NAME]
[TITLE]
[COMPANY/ENTITY]
[ADDRESS]

Re: Preservation of Evidence — [CLIENT NAME] v. [ADVERSE PARTY]
    Date of Incident: [DATE]
    Location: [LOCATION]

Dear [RECIPIENT]:

[OPENING — representation, incident identification]

[LEGAL DUTY — preservation obligation, litigation hold demand]

[EVIDENCE LIST — case-specific itemization]

[ELECTRONIC EVIDENCE — ESI-specific demands]

[CONSEQUENCES — sanctions warning]

[COMPLIANCE DEADLINE — 10 business days, written confirmation]

[CLOSING]

Respectfully,

[ATTORNEY NAME]
[FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]
[BAR NUMBER]
```

## Pitfalls and Checks

- **No work product disclosure** — never reveal legal theories, damage calculations, or strategy
- **Jurisdiction matters** — spoliation standards vary by state (independent tort vs. sanctions only); flag state-specific requirements [VERIFY when drafting]
- **Specificity drives sanctions** — supplement generic categories with case-specific items from uploaded documents; broad enough for coverage, specific enough for clear notice
- **Tone** — professional and firm, not adversarial or threatening
- **Timing** — send as early as possible; delay weakens sanctions arguments
- **Multiple custodians** — if evidence is held by multiple entities (e.g., property owner + management company + insurer), send separate letters to each
- **Proof of service** — always use certified mail with return receipt; concurrent email recommended