Chapter 3 - § 3.3 PRESERVATION OF EVIDENCE

• Jurisdiction: Colorado

§ 3.3 Preservation of Evidence

When a party has been served with process, or when a party earlier becomes aware of the possibility of the lawsuit, that party has a duty to preserve any relevant evidence.³ Attorneys for both parties should advise their clients of that duty. See Form 1-22: Client Letter—Preservation of Evidence.

Attorneys also may want to notify the opposing party and any third parties involved in the case of the expectation of the preservation of certain evidence by sending a letter outlining what evidence and types of evidence, at a minimum, are expected to be preserved. See Form 3-1: Letter to Co-Defendant's Counsel—Preservation of Documents and Form 3-2: Letter to Adverse Party or Potential Adverse Party—Preservation of Evidence. This notice is especially critical with regard to the preservation of electronic evidence, which may be routinely destroyed at regular time intervals. If an attorney or client receives a preservation letter, all persons and departments of a company that may...