Business and legal matters

How to Preserve Evidence Before a Lawsuit

Evidence disappears quickly. Preserving it early, and correctly, can decide a case.

Updated November 2026

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.

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