Requests for data preservation are an essential part of the legal process in civil litigation. These requests ensure that electronic and physical evidence is preserved for use in a case. In this blog, we will discuss what requests for data preservation are and why they are important.
What Are Requests for Data Preservation?
Requests for data preservation, also known as litigation holds, are formal requests made by one party to another party to preserve digital and physical evidence that may be relevant to a case. These requests may be made orally or in writing and may be made at any time during the litigation process.
When a request for data preservation is made, the party receiving the request must take steps to preserve the requested evidence. This may involve preserving emails, documents, videos, or other electronic or physical evidence. Failure to comply with a request for data preservation can result in severe consequences, including sanctions or adverse inference instructions.
Why Are Requests for Data Preservation Important?
Requests for data preservation are important for several reasons. First, they help to ensure that relevant evidence is preserved for use in a case. Today, much of the evidence in a case may be stored electronically, making it easy to delete or alter evidence accidentally. Requests for data preservation help to prevent the destruction or alteration of evidence, which can be critical to a case.
Second, requests for data preservation help to ensure that parties can access all relevant evidence. With a request for data preservation, a party may be aware of all the evidence available in a case. Requests for data preservation help to ensure that all parties have access to the same evidence, which promotes fairness and transparency in the legal process.
Finally, requests for data preservation can help to reduce the risk of sanctions or adverse inference instructions. If a party fails to comply with a request for data preservation and evidence is lost or destroyed, that party may be subject to sanctions or an adverse inference instruction. By complying with requests for data preservation, parties can reduce the risk of these severe consequences.
How Are Requests for Data Preservation Made?
In some cases, requests for data preservation may be made before a lawsuit is even filed. For example, if a company becomes aware of potential litigation, it may issue a litigation hold to preserve all potentially relevant evidence.
When requesting data preservation, it’s important to be specific about the evidence that is being requested. The request should clearly identify the types of evidence being requested, such as emails or documents, and should provide a timeframe for the preservation of the evidence.
It’s also important to ensure the request is properly communicated to all relevant parties. This may involve sending the request to multiple individuals within a company or organization or to outside parties such as vendors or contractors.
What Happens After a Request for Data Preservation is Made?
After a request for data preservation is made, the party receiving the request is required to take steps to preserve the requested evidence. This may involve instructing employees or contractors to preserve emails or documents or taking steps to ensure that physical evidence is not destroyed or altered. If a party fails to comply with a request for data preservation, a court may order a party to pay the costs of restoring lost or destroyed evidence.
Requests for data preservation are an important part of the legal process in civil litigation. They help to ensure that relevant evidence is preserved for use in a case and reduce the risk of sanctions or adverse inference instructions. By properly communicating requests for data preservation and complying with them, parties can help to promote fairness and transparency in the legal process.
