Spoliation / Evidence Preservation Letter Generator

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED

[Your name]
[Your email / phone]

October 2, 2026

[Recipient / company name]
[Recipient mailing address]

Re:  NOTICE TO PRESERVE EVIDENCE (Spoliation Notice)
Incident of [date of the incident]: [brief description of the incident — location, vehicles/parties involved]

To [Recipient / company name]:

I am writing to provide formal notice that you are required to preserve all evidence relating to the incident described above, which is reasonably likely to be relevant to anticipated litigation. This letter places you on notice of your duty to preserve.

Please immediately preserve and do NOT alter, delete, overwrite, repair, discard, or destroy the following, including any electronic and physical evidence within your possession, custody, or control:

   •  Engine Control Module (ECM/ECU) and event data
   •  Electronic Logging Device (ELD) hours-of-service records
   •  Dashcam and onboard camera footage
   •  Driver qualification file, logs, and drug/alcohol testing records
   •  Vehicle inspection, maintenance, and repair records
   •  Bills of lading, dispatch, and trip records

This duty extends to all originals, backups, metadata, and automatically generated records, and you must suspend any routine destruction, retention, or overwrite policies that could affect this evidence.

Be advised that the loss, alteration, or destruction of relevant evidence after receiving this notice may constitute spoliation, which can result in evidentiary sanctions and an adverse-inference instruction — meaning a court may instruct the fact-finder to presume the missing evidence was unfavorable to you.

Please confirm in writing within ten (10) days that you have taken steps to preserve this evidence. You may reach me at the contact information above.

Sincerely,

[Your name]

Generated in your browser — nothing is saved or sent. Send by certified mail (or a method you can prove) so you have a record of the date the duty to preserve was triggered.