The duty starts before the lawsuit does
Preserving Evidence (Before It Preserves Itself Against You)
Both sides generally must preserve relevant evidence from the moment litigation is reasonably anticipated — and courts punish deletion harder than almost any bad fact, with the heaviest remedies reserved for intentional destruction.
The overwrite clock is real: security video loops in days, disappearing-message settings destroy threads silently, phone trade-ins wipe devices, and cloud trash windows lapse. The most commonly lost evidence in civil litigation is footage nobody asked anyone to keep.
Florida's remedy structure distinguishes carelessness from intent: prejudice from lost evidence commonly draws curative measures (cost-shifting, added discovery, argument to the jury), while adverse-inference instructions, dismissal, or default generally require a finding of intent to deprive.
Third parties preserve by request, not command: a preservation letter to a business honestly says it is a request — but it starts the record, and refusal converts into a subpoena the moment a case exists.
Do it, don't just read it
Common questions
Can I delete an embarrassing text that's technically 'mine'?
If it relates to the dispute — generally no. Bad facts handled early are commonly survivable; deleted facts become the story of the case, and the deletion itself is often worse than the content.
What should I do in the first 48 hours of a dispute?
Commonly: turn off auto-delete everywhere, keep old devices, download account archives, and send written preservation requests for anything on a loop (video especially). The preservation checklist tool assembles this in minutes.
The other side destroyed evidence — now what?
Document what existed, when the duty arose, and what replaced it. The remedy scales with prejudice and intent — the analysis attorneys commonly run is built into the platform's enforcement stage.
The governing text — verbatim, never paraphrased
This guide is editorial; the linked pages carry the verbatim, hash-pinned text with its verification state. When a guide and the rule text could ever differ, the rule text wins — that is the whole doctrine.
Are you a Florida civil litigator?
advertising laneThe Learn Center is read by self-represented litigants at the exact moment many decide they need counsel — for privilege fights, sanctions exposure, emergencies, and trial. Listings here are clearly-labeled advertising, shown alongside educational content, never inside it.
Join the attorney network →Legal information, not legal advice; TrialVector is software, not a law firm. Deadlines outrank everything — run yours at I Was Served.