How to use this guide
Use the section links to find the records, deadlines, and questions most relevant to your situation.
Topic
The First 30 Days
Evidence Preservation Guide
Start with
Why Speed Matters
Use the section links to find the information most relevant to your situation.
Individual questions
Case-specific review
An attorney can address how the facts, evidence, deadlines, and governing law apply to a particular matter.
01
Why Speed Matters
Video footage, logs, and witness memories can change over time. This checklist outlines early preservation steps for a civil rights investigation.
02
1. Written Preservation Request
Depending on the facts and law, counsel may send written preservation requests to agencies, facilities, contractors, medical providers, or other record custodians. A request should identify potentially relevant video, medical logs, incident reports, and other records with appropriate specificity.
03
2. Oklahoma Open Records Request
Depending on the matter and applicable exemptions, requests under the Oklahoma Open Records Act may seek body-camera footage, dash-camera video, jail surveillance, dispatch records, or 911 audio.
04
3. Independent Autopsy Review
Official autopsy materials may be relevant to cause and manner of death. Depending on the circumstances, an attorney may recommend an independent pathologist's review of the available findings and records.
05
4. Government Tort Claim Notice
Covered Oklahoma tort claims against a governmental entity may require notice within 1 year of the loss under the Governmental Tort Claims Act. The proper claimant, entity, notice recipient, accrual date, exceptions, denial process, and filing window require case-specific review. Federal claims use different rules.
Review the Record Early
Evidence can change quickly. Attorney review can help identify records, deadlines, and preservation issues.