Give counsel enough detail to identify the business, the relevant camera, and a narrow time window as soon as possible. A written request can ask a private business to retain footage, but the request is not a subpoena and does not by itself compel the business to keep or produce the recording. No universal retention period or guaranteed response applies to every business.

What to gather for a prompt request

Provide what you know, even if some details are uncertain:

  • Business name and address, plus a manager or records contact if known.
  • The event’s date and approximate local time, including the time zone if relevant.
  • The camera location or view, such as an entrance, register, parking area, or sidewalk.
  • A reasonable period before and after the event so the recording is not limited to a single moment.
  • The date you learned footage might exist and any stated overwrite or retention schedule.

Also tell counsel whether the camera may belong to a landlord, neighboring business, transit operator, or other third party. Do not enter restricted areas or access a camera system or account without permission. Counsel can decide who should make the request and how to describe it.

Retaining footage is different from obtaining it

A preservation letter asks the custodian to hold identified material. It is a practical request, not compulsory process. A business may respond, ask for more information, decline, or have no responsive recording. Do not assume that sending a letter forces production.

If a criminal case is pending, California Penal Code section 1326 addresses subpoenas in criminal actions, including business records and procedures for records held by third parties. (Penal Code § 1326) A pretrial subpoena for records also has procedural requirements, including the required good-cause showing and materiality description. (Code of Civil Procedure § 1985) Whether that process is available and appropriate depends on the posture and facts of the case; a preservation letter alone does not create it.

If a copy is later obtained, record who supplied it, when and how it was exported, the file format, and whether it was converted or edited. Keep the original export and related correspondence intact. These details can help establish what the recording is; California evidence law requires a sufficient basis to authenticate an item offered as evidence. (Evidence Code § 1400) The custodian’s process may matter as much as the images.

For help identifying evidence and next steps in an investigation, contact the Law Offices of David S. Chesley at (800) 755-5174.