What is a Litigation Hold Notice?

When a party reasonably anticipates being sued, such as if they receive a demand letter from an opposing-side lawyer, the party should immediately take action to preserve evidence and avoid spoliation (altering or destroying evidence). The party might also receive a litigation hold notice from the other side asking the party to preserve evidence related to a pending lawsuit.

A litigation hold notice requires a party to preserve all evidence related to the legal issues in a case. Such evidence includes, but is not limited to emails, text messages, CCTV footage, and other physical and electronic materials. Failure to preserve such evidence can result in court sanctions and other adverse consequences.

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LEGALESE is an online blog by Thickstun Luo LLC. The blog explains legal terms and concepts in plain English.

Disclaimer: The LEGALESE blog and the posts therein do not form an attorney-client relationship between you and Thickstun Luo LLC. Furthermore, this blog is not intended to render legal advice regarding your specific situation. You should consult an attorney for specific legal advice. Some content in LEGALESE blog posts pertain to state-specific legal rules and concepts that may not be applicable in every jurisdiction.