Best Lawyers in Brooklyn NY: Motion to Preserve Evidence Guide

Evidence that must be preserved includes any material that could support or refute a claim in your case. This encompasses documents, emails, text messages, photographs, videos, physical objects, and electronic data stored on computers or servers. In civil litigation matters, courts in Brooklyn have consistently held that parties have a duty to preserve evidence once litigation is reasonably anticipated. Best lawyers in Brooklyn NY work with clients to identify all categories of evidence that require protection before filing a motion.

New York courts recognize the duty to preserve evidence under common law principles and the New York Civil Practice Law and Rules (CPLR). Federal courts in the Eastern District of New York, which covers Brooklyn, apply similar standards under Federal Rule of Civil Procedure 26(b)(3). The duty arises when a party knows or should know that litigation is reasonably foreseeable. Best lawyers in Brooklyn NY are familiar with both state and federal standards and can advise you on which court system applies to your situation.

You should consider filing a motion to preserve evidence if the opposing party has a history of destroying documents, if evidence is perishable or subject to deletion, or if the other side has indicated an intent to dispose of materials. In cases involving civil litigation evidence, courts recognize that electronic data is particularly vulnerable to loss. Best lawyers in Brooklyn NY assess the urgency of your situation and determine whether an emergency or expedited motion is warranted.

Before filing a formal motion, best lawyers in Brooklyn NY often send a preservation letter (also called a litigation hold letter) to the opposing party, requesting that they preserve all relevant evidence. This letter creates a paper trail showing that you gave notice and demanded preservation. If the other party ignores the demand and destroys evidence afterward, this strengthens your case for sanctions or adverse inferences at trial.

In Brooklyn, motions to preserve evidence are typically filed in Kings County Supreme Court for civil cases or in Brooklyn Criminal Court for criminal matters. The Brooklyn Criminal Court operates under New York Criminal Procedure Law (CPL) sections 1.20 and related statutes, while civil cases follow the CPLR. Best lawyers in Brooklyn NY know that each court has specific motion schedules, filing requirements, and local rules. For example, Kings County Supreme Court requires motions to be filed in accordance with the Individual Assignment System (IAS), and all papers must comply with the Uniform Civil Rules for the Supreme Court. The court clerk's office in Brooklyn is located at 360 Adams Street, and motions must be submitted with proper notice to all parties.

A motion to preserve evidence must include a detailed affidavit explaining why preservation is necessary, what evidence is at risk, and what harm will result if the evidence is destroyed. Best lawyers in Brooklyn NY ensure that the motion demonstrates a reasonable likelihood that evidence will be lost or destroyed if the court does not intervene. The motion should also specify the exact categories of evidence to be preserved and propose a reasonable method for preservation. Courts in Brooklyn consider whether the burden on the opposing party is proportionate to the need for preservation, especially in matters involving best interest of the child determinations or family law disputes where evidence preservation may affect custody or support decisions.

If a party destroys evidence after being ordered to preserve it, the Brooklyn court may impose monetary sanctions, require the party to pay the other side's attorney fees, or issue an adverse inference instruction. An adverse inference means the jury is instructed to assume that the destroyed evidence would have been unfavorable to the party who destroyed it. Best lawyers in Brooklyn NY use the threat of sanctions to encourage compliance with preservation orders and protect their clients' interests.

If you suffer harm because the other party destroyed evidence, best lawyers in Brooklyn NY can seek various remedies. These include monetary damages for the cost of reconstructing evidence, sanctions against the opposing party, dismissal of the other party's claims, or default judgment in your favor. The specific remedy depends on the severity of the evidence destruction and the prejudice you suffered.