Business and legal matters
How to Preserve Evidence Before a Lawsuit
Evidence disappears quickly. Preserving it early, and correctly, can decide a case.
Key points
- Act fast on video and online content
- Keep originals unaltered
- Counsel can send preservation demands
What's at risk
Surveillance footage overwritten within days, social media posts deleted, scenes repaired, vehicles repaired or sold, and witnesses' memories fading.
Preserve your own evidence
Keep documents, emails, texts and devices intact. Don't delete, edit or 'clean up'. Destroying evidence can lead to sanctions.
Third-party evidence
Attorneys can send preservation letters to businesses and parties. Detectives identify cameras and document scenes. See evidence development.
Online content
Capture public posts with date, URL and method documented. See social media investigations.
Common questions
How long do businesses keep video?
Often days or weeks. Act quickly.
Can I take screenshots myself?
Yes, but documented professional capture is stronger.
What is spoliation?
Destroying or altering evidence relevant to litigation, which can lead to court sanctions.
This guide is general information, not legal advice. Laws change and vary by state; consult an attorney about your situation. See our legal disclaimer.
Related services
Services connected to this guide.
Evidence Development
Locating, preserving and organizing facts that support a claim or defense.
Online & Personal SafetySocial Media Investigations
Lawful collection and preservation of public social media evidence.
Insurance InvestigationsAccident Investigations
Scene, witness and record work following vehicle and premises accidents.
Keep reading
Related guides.
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When private detective evidence is admissible: lawful collection, authentication, chain of custody, testimony and common reasons evidence fails.
Business and legal mattersHow Attorneys Use Private Detectives
How law firms use private detectives: witnesses, locates, backgrounds, assets, surveillance, evidence and trial preparation, under counsel's direction.
Costs, timing and processWhat's Included in an Investigative Report?
What a professional investigative report includes: objectives, methods, chronological findings, photos and video, sources, and what makes it usable in court.
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