Demands for Preservation of Evidence
Once a lawsuit is initiated, there are a number of components that all sides need to take into account. Whether there is a deposition or discovery, one important part of the process is having access to and providing evidence. However, what happens when there is an actual demand for preservation of evidence?
Preservation of Evidence-Description
One way that an attorney may make an individual aware of a lawsuit is through a letter demanding preservation of evidence. A preservation of evidence request is designed to allow the letter recipient to preserve evidence, whether or not they are aware of the lawsuit or not.
How it Works
There can be a number of ways that the preservation of evidence letter is initiated. One example is when a lawyer may issue a demand for preservation of evidence letter during the course of correspondence between the parties. At the same time, an attorney may issue the request for preservation after both sides have discussed the pertinent issues in the case.
When the preservation for evidence request is issued, a hold must be placed on all relevant evidence to the lawsuit. This includes but is not limited to emails, documents, and any other written correspondence between the parties.
There are several factors that an individual needs to keep in mind when they do receive the demand for preservation of evidence. First, it is crucial to keep in mind how the request may affect any evidence, including electronically stored information. There can be a tendency to maintain electronically stored information for a certain amount of time before deleting the documents, which could ultimately hurt a company or individual.
At the same time, electronic data may be removed from a server or system a business or person may not consider important at the time the demand is issued. This could mean that relevant information may not be provided to the opposing party.
Physical Evidence Preservation
When making a demand for evidence, the request may involve physical evidence. Collecting physical evidence is designed to protect the due process of law for a defendant in a lawsuit. In addition, the physical evidence forces the opposing party to disclose all information that they have which could benefit or hurt the defendant in a lawsuit.
Furthermore, all collected physical evidence does not need to be preserved. Rather, the duty to preserve any gathered physical information extends to any evidence which may play a pertinent role in the defense of the individual in question. These two types of evidence can be material, which relates to an issue involving the defendant’s case; and exculpatory evidence, which is evidence that usually clears the defendant of any guilt in the case.
Other Kinds of Evidence
There are several other types of evidence that need to be preserved. These categories include but are not limited to crime scene evidence, such as a murder weapon or photographs of a scene; tape recordings and videos of any statements made by the defendant or witnesses; any investigative notes that were made when a defendant was interrogated; and any applicable 911 emergency calls.
Conclusion
Whenever a business or person receives a demand for preservation of evidence, it is important to speak with a business attorney. The lawyer can help the company or individual in question navigate through any potential issues and determine how best to proceed. In addition, the attorney can explain what may happen if evidence is not provided or inadvertently removed from a storage system. Lastly, a lawyer can provide insight on the correct process to provide any information to the requesting party.