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Spoliation Letter

Draft Spoliation 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

  • Client Intake Documents
  • Incident Reports or Records

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

Workflow

Overview

CaseMark's Spoliation Letter skill drafts comprehensive evidence preservation demand letters tailored to your specific personal injury case type and jurisdiction. The AI generates detailed evidence itemization, litigation hold demands, compliance deadlines, and sanctions warnings—creating a professional record that supports future motions if evidence is destroyed.

Drafting effective spoliation letters requires attorneys to manually research jurisdiction-specific preservation standards, compile exhaustive evidence lists tailored to each case type, and ensure no critical categories are overlooked. This time-intensive process often leads to generic letters that fail to adequately protect clients or delays that risk evidence destruction before demands are sent.

CaseMark automates the entire spoliation letter drafting process by analyzing your intake documents and case details to generate jurisdiction-aware, case-type specific preservation demands. The AI produces comprehensive evidence itemization, proper litigation hold language, and sanctions warnings—delivering a polished, professional letter ready for review and certified mail delivery in a fraction of the time.

How it works

  1. 1. Upload your intake documents, incident reports, and any known evidence inventory

  2. 2. AI analyzes case type, jurisdiction, and incident details to generate tailored preservation demands

  3. 3. Review the drafted letter with case-specific evidence itemization and compliance deadlines

  4. 4. Export the finalized spoliation letter in DOCX or PDF, ready for certified mail

What you get

  • Representation & Notice Opening

  • Legal Duty to Preserve Statement

  • Case-Type Specific Evidence Itemization

  • Litigation Hold Demand & Custodian Instructions

  • Compliance Deadlines & Response Requirements

  • Sanctions & Adverse Inference Warnings

  • Certified Mail Delivery Instructions

What it handles

  • Case-type specific evidence itemization for premises liability, motor vehicle, product liability, and more

  • Automatic litigation hold demands with custodian-specific language

  • Compliance deadline generation with clear response timelines

  • Sanctions warnings citing jurisdiction-appropriate spoliation standards

  • Professional formatting ready for certified mail delivery

Required documents

  • Client Intake Documents

    Case intake forms, client questionnaires, or engagement letters containing party names, incident details, and case background

    .pdf, .docx

  • Incident Reports or Records

    Police reports, incident reports, medical records, or other documents describing the incident, injuries, and known evidence

    .pdf, .docx, .jpg, .png

Supporting documents

  • Evidence Inventory or Photographs

    Any existing inventory of known evidence, scene photographs, or surveillance footage logs to enhance evidence itemization

    .pdf, .docx, .jpg, .png

  • Opposing Party Information

    Known contact information, counsel details, or corporate structure documents for the opposing party

    .pdf, .docx

Why teams use it

Eliminate hours of manual drafting with AI-generated, case-specific spoliation letters ready for review in minutes

Ensure comprehensive evidence coverage with automatic itemization tailored to premises liability, motor vehicle, product liability, and other PI case types

Create a strong evidentiary record for future sanctions motions with properly documented preservation demands

Reduce the risk of overlooking critical evidence categories with AI-powered checklists drawn from established litigation practices

Questions

What case types does the spoliation letter cover?

CaseMark generates spoliation letters tailored to premises liability, motor vehicle accidents, product liability, medical malpractice, and other personal injury subcategories. Each case type includes specific evidence categories relevant to that area of litigation.

Does the letter include jurisdiction-specific spoliation standards?

Yes. CaseMark incorporates jurisdiction-appropriate language regarding the duty to preserve evidence and potential sanctions for spoliation. The AI references state-specific spoliation standards based on the jurisdiction you provide.

Can I customize the evidence itemization list?

Absolutely. CaseMark generates a comprehensive, case-type specific evidence itemization as a starting point, and you can add, remove, or modify individual items before finalizing. The AI pulls specific details from your uploaded documents to make the list as targeted as possible.

Is the letter formatted for certified mail delivery?

Yes. CaseMark formats the spoliation letter for professional delivery via certified mail with return receipt requested, and includes concurrent email delivery language when an email address is available.

When should I use this tool in my case timeline?

CaseMark's spoliation letter is designed for pre-suit and early discovery phases—any time you need to establish the opposing party's duty to preserve evidence and create a record to support future sanctions motions if evidence is destroyed.

Does the letter protect against disclosing work product?

Yes. CaseMark is designed to demand evidence preservation without revealing litigation strategy or work product. The generated letter focuses on the opposing party's obligations while keeping your case theory confidential.

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