Chapter 3 - FORM 3-2 : LETTER TO ADVERSE PARTY OR POTENTIAL ADVERSE PARTY—PRESERVATION OF EVIDENCE

• Jurisdiction: Colorado

Form 3-2: Letter to Adverse Party or Potential Adverse Party—Preservation of Evidence

[date]

[name and address of adverse party or potential adverse party]

Re: [subject of claim]

Dear [adverse party or potential adverse party]:

We represent [name of client] with regard to [subject of claim].

Please be advised that we consider electronic data and all other relevant documents to be valuable and irreplaceable sources of discovery and evidence in this matter. The laws and rules prohibiting destruction of evidence apply to electronic data with the same force as they apply to other kinds of evidence. The following safeguards against destruction of evidence should be maintained until the final resolution of this issue.

1. Electronic Data to be Preserved: The following types of electronic data should be preserved, in accordance with the steps set forth in paragraphs 2 through 8 below:

a. All electronic mail and information about electronic mail (including message contents, header information, and logs of electronic mail system usage) sent or received by you from [date] to the present on any account and on any computer, including but not limited to your [internet service provider, such as: AOL] account.
b. All other electronic mail and information about electronic mail (including message contents, header information, and logs of electronic mail system usage) containing information about [subject of claim] from [date] to the present.
c. All databases (including all records and fields and structural information in those databases), containing any reference to or information about [subject of claim] from [date] to the present.
d. All logs of activity on computer systems that may have been used to process or store electronic data containing information about [subject of claim] from [date] to the present.
e. All word processing files and file fragments containing information about [subject of claim] from [date] to the present.
f. With regard to electronic data created by application programs that process financial, accounting, and billing information, all electronic data files and file fragments containing information about [subject of claim] from [date] to the present.
g. All files and file fragments containing information from electronic calendars and scheduling programs regarding [subject of claim] from [date] to the present.
h. All electronic data files and file fragments created or used by electronic spreadsheet programs, where such data files contain information

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