Litigation Hold Letter

Litigation Hold Letter

Litigation Hold Letter

A hold letter identifies the matter, describes the categories of material to be preserved, instructs suspension of routine deletion, and requests acknowledgment. It is distributed to custodians identified through the preservation scope analysis.

It is distinct from a preservation letter sent to an opposing party.

Alternative Names:

Hold Letter, Preservation Notice Letter

Why it Matters?

The letter should be specific enough that a recipient knows what to keep, since instructions to preserve all relevant documents produce inconsistent compliance. Naming systems, date ranges, and document categories works better than legal generality. Reminders matter as much as the initial notice, because holds spanning years lose force without periodic reissuance, and courts examine whether follow-up occurred.

Frequently asked questions

How specific should a hold letter be?

How specific should a hold letter be?

Specific enough that recipients know what to keep, naming systems, date ranges, and categories rather than instructing preservation of all relevant material.

Are reminders necessary?

Are reminders necessary?

Yes. Holds spanning years lose force without periodic reissuance, and courts examine whether follow-up occurred when material is later missing.