Advocate Ofir Sternberg

Civil Litigation

Preserving Evidence Before Civil Litigation: What Should Be Collected Before It Disappears?

Documents are deleted, video overwrites, and witnesses forget. Early preservation may determine whether the agreement, breach, and loss can later be proven.

Build a chronology

Record events, dates, participants, and documents associated with each stage. A chronology identifies missing material and inconsistencies before a demand or claim is drafted.

Preserve the original

Do not rely on a cropped screenshot. Preserve contracts, invoices, original files, complete messages, email, and backups. Do not edit a file or alter its metadata to improve presentation.

Contact third parties promptly

If information is held by a security company, provider, bank, authority, or other third party, consider a lawful preservation request. A request does not guarantee production, but may prevent routine deletion while the proper method of obtaining the material is determined.

Document damage

Property damage, lost income, and expense require photographs, estimates, receipts, reports, and payment records. Distinguish loss already sustained from future estimates.

Concluding point

The best evidence is collected before positions harden and before systems automatically delete information.

Principal legal sources

  • Evidence Ordinance [New Version], 5731-1971.
  • Civil Procedure Regulations, 5779-2018.

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The information is general and does not constitute legal or financial advice. Terms of use