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Preservation Letter

Draft Preservation Letters in Minutes, Not Hours

10 minutes with CaseMark

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Preservation Letter

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Workflow

Preservation Letter

Overview

CaseMark's Preservation Letter skill automates the drafting of litigation hold and document preservation notices under FRCP 37(e) and state equivalents. It produces formal, comprehensive letters that identify custodians, define ESI scope, outline hold implementation procedures, and warn of spoliation consequences. The result is a court-ready preservation demand tailored to your specific dispute.

Drafting effective preservation letters is time-intensive and high-stakes. Missing a custodian, omitting a data source category, or failing to cite the correct legal authority can expose your client to spoliation claims and undermine your litigation position. Manually assembling these letters for each new matter drains hours that could be spent on case strategy.

CaseMark automates the entire preservation letter workflow, generating comprehensive notices that cover custodian identification, categorized ESI scope, implementation checklists, and spoliation warnings. Every letter is structured to meet FRCP 37(e) requirements and can be tailored to state equivalents, giving you a defensible preservation demand in a fraction of the time.

How it works

  1. 1. Upload your case materials, custodian lists, and dispute background

  2. 2. AI analyzes the facts and drafts a comprehensive preservation letter under FRCP 37(e)

  3. 3. Review and customize custodian targets, ESI scope, and preservation categories

  4. 4. Export the finalized letter in your preferred format (DOCX, PDF)

What you get

  • Opening Notice with Legal Citations

  • Matter Description

  • Preservation Scope Categories

  • Implementation Instructions & Hold Procedures

  • Spoliation Consequences

  • Response Requirements & Acknowledgment Deadline

  • Formal Closing & Signature Block

What it handles

  • Formal preservation notice with proper legal citations to FRCP 37(e) and state equivalents

  • Categorized preservation scope covering paper, electronic communications, and ESI

  • Custodian identification and targeted hold instructions

  • Detailed implementation procedures with litigation hold checklists

  • Spoliation consequence warnings with statutory and case law references

  • Response requirements with acknowledgment deadlines and contact blocks

Required documents

  • Case Materials

    Complaint, demand letter, or summary of claims establishing the dispute and relevant facts

    .pdf, .docx, .txt

  • Custodian & Data Source List

    List of known custodians, their roles, and relevant IT systems, communication platforms, and data repositories

    .pdf, .docx, .xlsx, .txt

Supporting documents

  • Retention Policies

    Opposing party's known document retention or destruction policies

    .pdf, .docx

  • Prior Correspondence

    Any prior communications with the opposing party regarding the dispute or preservation obligations

    .pdf, .docx

  • Court Filing

    Filed complaint or docket information if litigation has already commenced

    .pdf, .docx

Why teams use it

Reduce drafting time from hours to minutes while maintaining thorough legal coverage

Ensure no critical preservation category is overlooked with structured scope templates

Generate consistent, defensible preservation notices across your entire practice

Customize custodian targets, data sources, and temporal scope for each unique matter

Questions

Does the preservation letter cite the correct legal authority for my jurisdiction?

Yes. CaseMark drafts preservation letters citing FRCP 37(e) for federal matters and can incorporate state equivalents based on the jurisdiction you specify. You can review and adjust all citations before sending.

Can I customize which preservation scope categories are included?

Absolutely. CaseMark generates categorized preservation instructions covering paper documents, electronic communications, ESI, and more. You can add, remove, or modify categories to match the specific data sources relevant to your dispute.

How does CaseMark handle custodian identification?

CaseMark uses the custodian and data source information you provide to generate targeted preservation instructions for each individual. The letter identifies custodians by name and role, ensuring the recipient can implement holds effectively.

Will the letter include spoliation warnings?

Yes. Every preservation letter includes a detailed spoliation consequences section outlining the legal ramifications of non-compliance, including potential adverse inference instructions and sanctions under applicable rules.

Can I use this for pre-litigation preservation demands?

Yes. CaseMark handles both pre-suit and post-filing scenarios. For pre-litigation matters, the letter establishes that your client reasonably anticipates litigation and triggers the recipient's duty to preserve.

How long does it take to generate a preservation letter?

CaseMark typically generates a comprehensive, court-ready preservation letter in approximately 10 minutes. You can then review, customize, and export the final document immediately.

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