Evidence may disappear before a claim is ready. Repairs, staff departures and routine deletion of digital records can make later proof difficult. We identify the legally relevant facts and consider proportionate, lawful preservation measures.
Procedure and practical preparation
A chronology helps connect each disputed issue with documents, witnesses or technical findings. Records should retain their context and origin. Witnesses give evidence of their own perceptions and should not be coached to a desired account. A private expert report can support factual submissions, but is not automatically equivalent to court-appointed expert evidence. An independent evidentiary procedure may be available under statutory conditions. Questions to experts should address facts relevant to the legal dispute, rather than requesting an unfocused investigation.
Four practical examples
These are illustrative situations, not descriptions of particular client matters or promises of an outcome.
1. Urgent repair
Photographs, error logs and retained parts may preserve the original condition before equipment is altered.
2. Employee leaving
Contact details and a contemporaneous record of personal observations can support later preparation without dictating testimony.
3. Chat deletion
Lawfully accessible messages and attachments should be preserved with context, while respecting privacy and access restrictions.
4. Conflicting expert reports
Specific methodological problems and unanswered questions should be identified; a different conclusion alone may not justify a new report.
Documents for the initial review
Please keep the complete correspondence, contracts, decisions and service records available. Identify any deadlines and the person coordinating information within your business. The initial review determines the correct procedure and the further evidence needed; it does not replace a filing with the court or authority.
Related guidance
Strategy and costs · Settlement · Enforcement
Legal framework
Updated 13 November 2026. This guide concerns German proceedings; special statutory rules and international instruments may affect the individual case.