Preservation Letter

Draft Preservation Letters in Minutes, Not Hours

10 minutes with CaseMark

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Upload your documents and get a finished work product in minutes. New accounts get $5 free to run their first skill.

10 minutes with CaseMark

What you'll need

Case Materials
Custodian & Data Source Information

SOC 2 Type II · HIPAA compliant · $5 free credit

Workflow

Overview

CaseMark's Preservation Letter skill automates the drafting of formal litigation hold and document preservation notices under FRCP 37(e) and state equivalents. It produces comprehensive letters covering custodian identification, ESI scope categorization, hold implementation procedures, and spoliation warnings — all formatted as professional legal correspondence ready for review and delivery.

Drafting preservation letters is a time-intensive but critical task that requires careful attention to custodian identification, ESI scope definition, and proper legal citations. Missing a data category or custodian can expose your client to spoliation claims, yet manually assembling these complex letters from scratch consumes hours of attorney time on every new matter.

CaseMark automates preservation letter drafting by analyzing your case materials and custodian information to generate comprehensive, properly cited preservation notices. The AI structures the letter with all required sections — from opening notice through response requirements — ensuring nothing is overlooked while freeing attorneys to focus on litigation strategy rather than document assembly.

How it works

1. Upload your case materials, custodian lists, and data source information
2. AI analyzes the dispute and identifies applicable preservation obligations under FRCP 37(e) or state equivalents
3. Review and customize the generated preservation letter, scope categories, and hold instructions
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 Deadlines

What it handles

Formal preservation notice with proper legal citations to FRCP 37(e) and state equivalents
Comprehensive custodian identification and ESI scope categorization
Detailed preservation scope covering paper, electronic communications, and ESI
Implementation instructions with litigation hold procedures and checklists
Spoliation consequence warnings with applicable legal standards
Response requirements with acknowledgment deadlines and confirmation protocols

Required documents

Case Materials
Complaint, demand letter, correspondence, or other documents establishing the dispute, parties, key facts, and relevant dates
.pdf, .docx, .txt
Custodian & Data Source Information
List of known custodians, their roles, IT systems, communication platforms, cloud services, and relevant retention policies
.pdf, .docx, .xlsx, .txt

Supporting documents

Prior Preservation Correspondence
Any previous preservation notices or hold-related communications in the matter
.pdf, .docx
Firm Letterhead Template
Firm letterhead or formatting template for the final letter
.docx, .pdf

Why teams use it

Reduce preservation letter drafting time from hours to minutes while maintaining thoroughness and legal accuracy

Ensure comprehensive coverage of all required preservation categories including paper, electronic communications, ESI, and emerging data sources

Minimize spoliation risk with structured hold implementation instructions and clear consequence warnings

Maintain consistency across preservation notices with standardized formatting and complete legal citations

Questions

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

Yes. CaseMark generates preservation letters citing FRCP 37(e) for federal matters and can incorporate state-equivalent preservation duty standards. You can review and adjust jurisdictional citations before finalizing.

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 case materials and custodian information you provide to draft targeted preservation instructions identifying specific individuals and their likely data sources, ensuring the opposing party can implement an effective litigation hold.

Will the letter include spoliation warnings?

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

Can I use this for pre-litigation preservation demands?

Yes. CaseMark drafts preservation letters for both filed cases (with caption, court, and docket information) and pre-suit matters where litigation is reasonably anticipated, adjusting the language and legal basis accordingly.

How long does it take to generate a preservation letter?

CaseMark typically generates a comprehensive, ready-to-review preservation letter in approximately 10 minutes — compared to the hours it often takes to draft one manually from scratch.