How do we handle it when a FOIA or e-discovery request asks for an email we cannot locate in any mailbox or archive?

A “missing” email is one of the most common pressure points in records work. The goal is not to conjure the record, but to demonstrate that you searched the right places, in the right way, and documented what you found. A defensible answer rests on a reasonable, well-recorded search, not on a guarantee that every message still exists.

Run and document a reasonable search

Begin with the scope of the request and translate it into concrete search parameters: custodians, date ranges, keywords, and locations. Then search every plausible repository, not just the active mailbox:

• Live and delegated mailboxes, shared inboxes, and distribution lists
• Email archives, journaling stores, and retention vaults
• Backups, legacy systems, and any migrated platforms
• Other custodians who may have sent, received, or been copied

Keep contemporaneous notes of who searched, where, with what terms, and when. In litigation, the adequacy of the search is judged by reasonableness and good faith, a principle developed at length in The Sedona Conference’s e-discovery commentaries. FOIA applies a similar standard: an agency must conduct a search reasonably calculated to locate responsive records.

When the record genuinely cannot be found

If a diligent search comes up empty, say so clearly and explain why. Common, legitimate reasons include:

• The record reached the end of an approved retention period and was disposed of under schedule
• It was never captured because it was transitory or personal
• It existed only in a system that has since been decommissioned

Document the basis for the “no records” outcome. Reference the governing retention schedule or disposition authority if the email was eligible for destruction, and confirm no legal hold was in effect at the time it was deleted. A hold that was active when the email was destroyed turns a routine gap into a potential spoliation issue, so verify hold history before certifying that nothing exists.

Communicate and prevent

Respond to the requester with a factual statement of the search performed and the result. Do not speculate or imply concealment.

Finally, treat each gap as a signal. Recurring “missing email” findings usually point to capture or retention weaknesses worth fixing. For broader guidance on managing email as a record, see the email and messaging hub.