Additional Thoughts on Spoliations Letters Failure to preserve this material will result in a request for a spoliation instruction at any trial in this matter and may ultimately be considered by a court as an attempt to destroy evidence. Please do not dispose of any of this material, as I expect that it will be both discoverable and admissible in any litigation that may arise out of this claim. Please preserve any cell phones, cell phone data, written materials such as witness statements, log books, service time records, dispatch records, maintenance records, accident reporting records, driver hiring and employment records relative to the employees involved, any electronic data such as ECM, PCM or GPS data any video or audio recordings, as well as any data relating to the use of any cell phones or other communication devices. We also ask that any and all electronic data be made available for download by our expert at an agreed upon date and time We would like to schedule a time to have our expert examine the vehicle involved in this loss and are asking that this equipment is preserved until an inspection can take place. This includes, but is not limited to the truck itself. I would appreciate if you would send me any identifying information relating to the other drivers/vehicles involved in the crash.Īdditionally, I am writing to make certain that Bate’s Trucking Company preserves any and all physical evidence related to this incident. I understand you will be sending us photographs of the vehicles. Preservation of Evidence/ Spoliation NoticeĪs you know, Laura Zois and I are representing Joe Smith concerning the above-referenced incident.Īs you have anticipated, we wish to arrange an inspection of your clients’ tractor and two trailers. Your Clients: Baltimore Trucking & Kevin Smith Judges are making an equitable call as to whether to give the jury a spoliation instruction so it is important make the case against the destructor as strong as possible.
It is crucial to send this letter as soon as possible. But this letter gives you additional ammunition to seek relief from the court if evidence is destroyed, usually in the form of evidentiary assumptions for the jury. There is a preexisting obligation to not destroy, alter, or conceal evidence. This letter puts defendants on notice of a potential claim and underscores their obligation to not destroy any potentially relevant evidence. If you are not sure what the case calls for, ask for everything even it is not applicable to the case. What you want to ask for in a particular case depends on the case. Below is an example of a spoliation letter written in a truck accident case.
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