Weekly Legal Guide · Week of August 7, 2026

The first days of a serious dispute are not the time to clean inboxes, replace devices without imaging, edit notes, or let ordinary deletion systems continue unnoticed. Evidence preservation should begin when litigation is reasonably anticipated, even before a complaint is filed.

Why this issue matters in Ohio

Ohio Civil Rule 37 addresses electronically stored information that should have been preserved and is later lost. A defensible response is prompt, proportionate, documented, and neutral—it preserves material that may help or hurt.

Identify the people and systems involved

List decision-makers, witnesses, former employees, contractors, customers, and IT personnel. Map their email, messaging, local files, shared drives, cloud services, accounting platforms, phones, laptops, backups, and paper records.

• Include personal devices used for business
• Identify auto-delete settings
• Preserve departed-employee accounts
• Record where originals are stored

Issue a clear legal-hold notice

A hold should describe the dispute, relevant date range and subjects, covered data, preservation steps, prohibited deletion, and a contact for questions. Recipients should acknowledge it, and reminders should continue while the duty exists.

• Use plain, specific instructions
• Suspend routine deletion where appropriate
• Follow up with key custodians
• Document compliance efforts

Preserve without changing the evidence

Forwarding an email, taking a screenshot, or printing a spreadsheet may omit metadata or context. Work with appropriate technical support to preserve native files, versions, attachments, logs, and chain-of-custody information.

• Avoid opening or editing originals unnecessarily
• Capture complete conversations
• Preserve linked files and attachments
• Record collection methods

Protect privilege and business continuity

Preservation does not mean circulating sensitive information. Limit access, separate attorney communications where appropriate, maintain security, and avoid public commentary. Continue ordinary operations while preventing loss of relevant material.

• Use secure collection locations
• Restrict access by role
• Coordinate with insurers
• Review preservation as claims evolve

Practical checklist

• Contact counsel before routine systems delete data
• Identify custodians, devices, and platforms
• Send and track legal-hold notices
• Preserve native files and metadata
• Avoid public statements and retaliatory conduct

Common questions

Do we need to preserve everything in the company?

Preservation should be reasonable and targeted to potentially relevant information, but scope decisions should be made carefully and documented.

Can routine deletion continue?

Systems affecting relevant information may need to be suspended or modified once a preservation duty is triggered.

Should unfavorable evidence also be kept?

Yes. Preservation must be neutral. Selective deletion can create serious legal and credibility consequences.

This article provides general information about Ohio law and is not legal advice. Reading it does not create an attorney-client relationship. Laws, court rules, and individual circumstances can change the analysis.