A Civil Dispute Preservation Plan for Documents and Messages

When a dispute is reasonably anticipated, ordinary deletion habits can become a problem. Identify relevant information early and obtain advice about a proportionate preservation plan.

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Prepared for Adkins & Purkey · Published October 3, 2026 · Editorial information

In this guideMap the information sources Protect the originals Separate preservation from production Preparation checklist

Map the information sources

List email, text messages, shared drives, accounting systems, project tools, paper files and relevant devices. Identify the people who control them. Important records may sit outside the folder labeled with the dispute’s name.

Protect the originals

Avoid editing, deleting or selectively recreating relevant records. Preserve context and metadata where possible. Counsel can help address automatic retention settings, employee departures and third-party records through lawful methods.

Separate preservation from production

Keeping material does not mean immediately sending it to the opposing party. Relevance, privilege, confidentiality and production format require review. Store the records securely and document collection steps so the process can later be explained.

At a glance

Preserve	Review before sharing
Original files and complete threads	Privilege and confidentiality
Relevant retention information	Scope and production format

A practical example · hypothetical

A business routinely deletes project chats after completion. Once a dispute develops, those messages may be relevant even if no lawsuit has been filed. Discuss preservation promptly instead of waiting for a document request.

What to gather before a consultation

Systems and custodians list
Relevant time period
Known automatic deletion settings

One more question

Should I only save records that support my position?

No. A sound preservation process does not selectively destroy unfavorable relevant material.

Abstract courthouse steps and evidence folders illustrate preparation for legal disputes. — Conceptual illustration · Adkins & Purkey

Discuss a Salisbury or Rowan County matter

Adkins & Purkey can evaluate the documents, deadlines and circumstances behind your question. Explore our civil litigation practice or contact the firm to discuss the next step. Calls and texts: 704-880-9388.