Identify where the relevant information lives

List the devices, email accounts, messaging services, shared folders, and payment systems that may hold relevant material. Note which accounts you control and which belong to an employer or another person. If litigation is reasonably anticipated or underway, ask counsel promptly what must be preserved. Preservation duties are fact-dependent, and ordinary deletion settings can matter even when no one deliberately removes a file.

Keep originals and the surrounding context

Save available original files or appropriate exports, including attachments and the surrounding conversation. Preserve visible dates, account identifiers, and other information needed to understand who said what. Screenshots can be helpful reference copies, but they may omit metadata or earlier messages. Avoid replacing an original with a marked-up or compressed version simply because the edited copy is easier to read.

Describe the source without changing the evidence

Create a separate index recording where each item came from, when you obtained it, and how it relates to the timeline. Keep your comments in that index rather than embedding them into the original material. If you make a working copy, label it clearly. Explain any missing sections or uncertain dates instead of presenting a reconstruction as a complete original record.

Respect access rights and sensitive information

Do not sign into someone else’s account, bypass access restrictions, or take unrelated private records to strengthen your file. Ask a lawyer about lawful ways to request material you do not possess. Use an appropriate secure method when sharing confidential documents. Redaction for a filing can require specific rules; keep an unaltered original and obtain guidance about what should be disclosed or protected.

Separate preservation from courtroom use

Keeping a file does not establish that every statement in it is admissible or persuasive. The applicable court may require authentication, an explanation of relevance, or compliance with evidence and filing rules. Federal Rule 37(e) addresses certain losses of electronically stored information in litigation, but the consequences depend on its conditions. Bring the full context to counsel so the presentation can be prepared from a sound record.

Your preparation list

Bring these records together.

  • A list of relevant accounts, devices, and deletion settings.
  • Original files or exports plus readable reference copies.
  • A separate index explaining source, dates, and any gaps.
  • A secure sharing plan and advice on applicable preservation duties.

Reference points: U.S. Courts, Federal Rules of Civil Procedure and Rule 37(e) materials; California Courts, examples of documentary evidence. Evidence and preservation requirements vary by proceeding. Reviewed September 30, 2026.