Preservation Letter Template: Litigation Hold Notice Form

PRESERVATION LETTER FAQ

What is a Preservation Letter?

A Preservation Letter, also known as a litigation hold letter, is a formal communication requesting that a party preserve all documents, records, and electronic data potentially relevant to a legal dispute or investigation.

Why is a Preservation Letter important?

It prevents spoliation (destruction or alteration) of evidence and helps ensure that relevant materials are available during discovery or trial. Sending one also demonstrates good faith and diligence in the litigation process.

When should you use a Preservation Letter?

Use it when litigation is pending, reasonably anticipated, or when you suspect that another party holds documents or data relevant to a potential claim or defense. Attorneys often send preservation letters before filing lawsuits.

What should a Preservation Letter include?

It should identify the parties, describe the subject matter, specify categories of documents and data to be preserved (including electronic formats), and warn of potential legal consequences for failure to comply.

Does sending a Preservation Letter guarantee compliance?

Not necessarily, but it places the recipient on notice. If evidence is later destroyed, courts may impose sanctions, adverse inferences, or other remedies against the responsible party.

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