Litigation Hold Notice

Litigation Hold Notice

Litigation Hold Notice

A litigation hold notice communicates the preservation obligation to the people who control relevant information. It identifies the matter, describes the categories of information to preserve in specific terms, instructs recipients to suspend deletion, and requires acknowledgment.

Effective programs track acknowledgments, reissue the notice periodically, and update scope as discovery reveals additional custodians and sources.

Alternative Names:

Hold Notice, Preservation Notice

Why it Matters?

The notice itself is frequently discoverable, at least as to its distribution and timing, and courts examine whether it was specific enough to be actionable. Generic instructions to preserve everything relevant fail in practice because custodians cannot apply them. Acknowledgment tracking and periodic reissuance are what separate a defensible hold from a paper exercise.

Frequently asked questions

Is a litigation hold notice discoverable?

Is a litigation hold notice discoverable?

Its existence, timing, and distribution usually are. Courts differ on whether the substantive content is protected work product, and protection often erodes once preservation failures are shown.

How often should a hold be reissued?

How often should a hold be reissued?

Periodically throughout the matter, commonly every six to twelve months, and immediately whenever scope changes or new custodians are identified.