Letter Requesting Preservation of Evidence

Posted on June 3, 2005 by John Day

While investigating a potential case, you may find that a possible defendant has a piece of evidence you want. This is a letter requesting the potential defendant preserve the evidence and make it available for inspection. If the defendant refuses to let you view the evidence - or outright destroys it - you have a paper trail to ask for a spoiliation instruction.

Even if the evidence is in the hands of a third-party with no direct relationship to the case, such a letter may help you avoid any implication that your client passively (or actively) participated in destroying crucial evidence. Download file

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BILL - June 6, 2006 6:51 PM

I WOULD LIKE TO KNOW WHEN THE BURDEN OF PROOF WENT FROM THE BUSINESS TO THE INDIVIDUAL THAT FELL. THIS IS THE LAW IN LAS VEGAS AND I WOULD LIKE TO KNOW THE LAW NO. THAT PERTAINS TO THIS AND THE MOST RECENT CHANGE IN THE LAW

Darren Chaker - August 18, 2011 11:59 PM

Must say your passion for evident by your blog. Very well written and updated to reflect current changes. Keep up the good work.

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