How to Preserve Evidence
What records to keep, how to organize them, and what not to share publicly.
This guide is educational, not legal advice. If you are involved in litigation, consult your attorney before altering, sharing, or destroying any documents.
What to Preserve
Communications
Financial Records
Contracts & Agreements
Official Documents
How to Organize Records
- Create a master folder for each matter or dispute
- Organize by category: communications, financial, contracts, court filings
- Name files with date (YYYY-MM-DD) and brief description
- Keep original file formats (PDF, MSG, DOCX) — do not convert
- Maintain a spreadsheet index: date, document type, source, summary
- Back up to two locations: local drive and cloud storage
What NOT to Do
FAQ
What is chain of custody?
Chain of custody is the documented trail showing who had possession of evidence from the time it was collected to the time it is presented. It proves evidence has not been tampered with.
Should I keep original emails or just screenshots?
Keep original email files (.msg or .eml format) with headers intact. Screenshots are secondary evidence. Email headers contain metadata that can verify authenticity.
What is metadata and why does it matter?
Metadata is hidden data about a file: creation date, modification date, author, and location. It can prove when a document was created or modified. Converting files can destroy metadata.
Can I share evidence publicly?
Only share evidence that is already public (court filings) or that you have permission to share. Do not share sealed documents, privileged material, or personal information of others.
How long should I keep records?
Generally, keep all records related to a dispute until the matter is fully resolved and any appeal periods have expired. For ongoing matters, keep everything indefinitely. Consult an attorney for case-specific guidance.
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