Spoliation Letter
Definition
A written notice from one party to another (or to a third party with custody of the evidence) demanding that specific items be preserved for litigation. Sending a timely spoliation letter establishes the duty to preserve; failing to comply after receipt aggravates the legal consequences for the recipient.
- Sent by
- A party or their counsel
- Sent to
- Opposing party or evidence custodian
- Effect
- Establishes a formal duty to preserve evidence
- Non-compliance risk
- Aggravated legal sanctions for the recipient
Common questions
Is a spoliation letter legally binding on its own?+
It does not create a court order, but it puts the recipient on formal notice, which courts weigh heavily when deciding whether later evidence loss was willful or merely negligent.
What should a spoliation letter specify?+
An effective letter identifies the specific items, devices, or data sources to preserve, the reason litigation is anticipated, and a request to suspend routine deletion or overwrite processes affecting them.
Related terms
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- Spoilation Doctrine
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