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Before filing a lawsuit, how can I file a motion for preservation of evidence?

I have learned of my spouse's infidelity, and I am preparing to file a lawsuit for consolation money against the other woman involved. Although I did not witness it directly, I have identified the hotel where the two stayed and the date through location records. I intended to request the CCTV materials from the hotel, but I have heard that there is a high likelihood of being refused for reasons such as personal information. How exactly do I file a motion for preservation of evidence with the court? If I do this, will I be able to secure the CCTV footage?

motion for preservation of evidence

Answer

Published: 2025-06-10

Author : ChanWoo JEONG

If you are preparing a lawsuit for consolation money against the other woman involved based on your spouse's infidelity, it is very important to secure key evidence beforehand.

In particular, for materials such as a hotel's CCTV footage, which may be deleted over time or are difficult for an outside party to obtain, you may attempt to secure the footage through a motion for preservation of evidence filed with the court.

A motion for preservation of evidence is a system for requesting the court to secure evidence before a lawsuit is filed or while it is in progress, when there is a risk that the evidence may be damaged or lost.

Because CCTV footage often has a short retention period, and hotels in most cases do not voluntarily provide footage, citing reasons such as personal information protection, a prompt application is necessary.

To file the application, you must submit a written motion for preservation of evidence to the competent court, and the application must include the following.

▶ A specific description of the evidence to be secured
▶ An explanation of why it must be secured before the lawsuit
▶ An explanation of its relevance to the future lawsuit

The court reviews the content of the application, comprehensively assesses the necessity and relevance of the footage, the possibility of its deletion, and concerns over infringement of personal information, and then decides whether to grant it.

If it is granted, the court has the hotel conduct an examination of the evidence and may order necessary procedures, such as viewing or copying the footage.

However, a motion for preservation of evidence is not necessarily granted, and you must sufficiently demonstrate the relevance, specificity, and necessity of preservation of the footage.

Recently, there have been a considerable number of cases in which hotel CCTV footage was secured through a motion for preservation of evidence and infidelity was thereby proven, so an active response is necessary.