Spoliation Letters

What matters

A preservation request should identify specific evidence, likely custodians, time periods, systems, and the event that makes preservation necessary.

Records to gather

  • Names and addresses of evidence custodians
  • Precise time window and location
  • Descriptions of video, logs, devices, products, or records

Questions to answer

  • Who controls the evidence?
  • How quickly is it normally overwritten?
  • What method proves delivery of the request?

Avoid this mistake

A vague request sent to the wrong party may not protect short-lived video or electronic records.

Keep the state question visible

Procedure, definitions, coverage, and deadlines can change by jurisdiction.

Choose a state

Primary sources to check

Begin with the current statute text, the relevant court's rules and filing information, and any agency material tied to the defendant or insurance issue.

Source links checked August 29, 2026. A source page is a starting point; the controlling text and current court rules still need to be read.