Preservation of evidence is a critical element of litigation. The general preservation obligation arises from the common-law duty to avoid spoliation of relevant evidence so that it is available for use at trial. After all, without evidence, there can be no proof. That’s why preservation of evidence is the precursor to ediscovery and all ensuing negotiations and court proceedings. Notably, the duty to preserve evidence applies equally to both plaintiff and defendant. Fortunately, it doesn’t require perfection. It merely demands that litigants take reasonable steps to ensure that relevant information is not lost or modified.
Elements of a Preservation Plan – A Comprehensive Guide
