Legal Evidence Preservation Form

LEGAL EVIDENCE PRESERVATION FORM

This Legal Evidence Preservation Form is entered into on by and between Requesting Party Name: ("Requesting Party"), and Custodian Name: ("Custodian").

RECITALS

WHEREAS, the Requesting Party has reason to believe that certain documents, electronic data and tangible materials relevant to the matter titled (Case Number: ) contain information material to anticipated or pending litigation, investigation, or regulatory review.

WHEREAS, the Custodian has possession, custody, or control of certain physical and/or electronic evidence identified below and has or may have unique access to systems, devices, repositories, or locations where such evidence is maintained.

WHEREAS, the parties wish to define the scope, procedures, obligations, and remedies relating to preservation, imaging, access, and chain of custody for the identified evidence.

NOW, THEREFORE

In consideration of the mutual covenants contained herein and other good and valuable consideration, the parties agree as follows:

1. Definitions

1.1 "Preserved Materials" means all documents, electronically stored information (ESI), metadata, system logs, images, physical objects, media, and attachments identified in Section 3 below or subsequently identified in writing by the Requesting Party that are in the Custodian's possession, custody, or control.

1.2 "Forensic Image" means a bit-for-bit copy of storage media performed in a manner consistent with accepted forensic practice that preserves file system structures, metadata, and deleted data to the extent reasonably available.

2. Scope of Preservation

2.1 The Custodian shall preserve all Preserved Materials existing as of the Preservation Notice Date and all Preserved Materials created, received, modified, or transmitted after that date that are reasonably likely to be relevant to the matter. Preservation obligations extend to both original and derivative forms of ESI and paper records.

2.2 The Custodian shall not delete, destroy, alter, overwrite, or permit the destruction or alteration of any Preserved Materials, and shall suspend any automatic or manual routines that would result in such deletion or destruction.

3. Identification of Materials and Locations

Media types to be preserved (check all that apply):

Emails Cloud storage and collaboration repositories Laptops/desktops Mobile devices Paper documents External media (USB, backup tape) Forensic images

4. Procedures and Forensic Imaging

4.1 If forensic imaging is required, the parties shall agree on the scope, timing, and vendor. Forensic imaging shall be performed in a manner that preserves metadata, file slack, unallocated space and other relevant forensic artifacts to the extent feasible. The requesting party may direct a neutral forensic vendor to perform imaging at reasonable times and locations, subject to the Custodian's security and privacy obligations.

4.2 The Custodian shall maintain the original media in a secure manner and shall deliver forensic images or copies to the Requesting Party only pursuant to written agreement addressing chain of custody, authentication, and confidentiality.

5. Chain of Custody and Documentation

All transfers of Preserved Materials shall be documented with the date, time, parties, and method of transfer. Custody logs and transfer documentation shall be retained as part of the preserved record and produced upon request.

6. Access, Use, and Confidentiality

6.1 Access to Preserved Materials shall be limited to persons necessary to perform preservation, collection, review, or forensic analysis. Parties accessing Preserved Materials shall be bound by prevailing confidentiality obligations applicable to the underlying matter.

7. Costs and Fees

Unless otherwise agreed in writing, the Requesting Party shall be responsible for reasonable costs associated with forensic imaging, collection, copying, and transfer of Preserved Materials. Disputes as to reasonableness of costs shall be resolved by meeting and conferring in good faith; absent resolution, either party may seek appropriate relief.

8. Representations, Remedies, and Sanctions

8.1 The Custodian represents that, to the best of its knowledge, the information provided in response to this Form is accurate and complete. The Requesting Party represents that the preservation request is made in good faith and not for the purpose of harassment or undue burden.

8.2 Breach of the preservation obligations set forth herein may give rise to equitable relief, monetary sanctions, adverse inference instructions, or other remedies available at law or in equity.

9. Notices

10. Amendments, Waiver, Counterparts

This Form may be amended only by a written instrument signed by both parties. No failure or delay by either party in exercising any right under this Form shall operate as a waiver thereof. This Form may be executed in counterparts, each of which shall be deemed an original and all of which together constitute one instrument.

11. Governing Law; Entire Agreement; Severability

This Form shall be governed by and construed in accordance with the laws of the state indicated above without regard to conflict of law principles. This Form constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior agreements. If any provision of this Form is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

12. Miscellaneous Provisions

The parties shall meet and confer promptly regarding any disputes concerning scope, procedure, or cost. The parties agree to cooperate in good faith to minimize burden while preserving relevant materials. Nothing in this Form shall be construed to waive any privilege or to require disclosure of privileged materials.

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