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GUIDE

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

Emails (keep headers intact)
Text messages (screenshot with date/number visible)
Letters and written correspondence
Meeting notes with dates and attendees

Financial Records

Invoices and billing statements
Bank statements and cancelled checks
Payment confirmations
Tax filings and returns (if relevant)

Contracts & Agreements

Signed contracts and amendments
Warranty certificates
Service agreements
Termination notices

Official Documents

Court filings and orders
Regulatory filings
Corporate registrations
Property records and deeds

How to Organize Records

  1. Create a master folder for each matter or dispute
  2. Organize by category: communications, financial, contracts, court filings
  3. Name files with date (YYYY-MM-DD) and brief description
  4. Keep original file formats (PDF, MSG, DOCX) — do not convert
  5. Maintain a spreadsheet index: date, document type, source, summary
  6. Back up to two locations: local drive and cloud storage

What NOT to Do

Do not alter, edit, or redact original documents
Do not delete emails or messages — even ones that seem unfavorable
Do not share sealed or confidential court records publicly
Do not post personal information (SSN, account numbers, medical records)
Do not violate protective orders or confidentiality agreements
Do not destroy evidence — this can result in legal sanctions

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.

About This Page:
Audience: Victims, employees, family members, anyone preserving records
Purpose: Educational guide on evidence preservation best practices
Sources: Standard legal evidence practices, Federal Rules of Evidence
Last Updated: July 18, 2026
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