Litigation Hold Notice
(NJ)

Summary

This template litigation hold notice is for use by counsel representing a corporation (whether in-house or outside) to instruct employees to suspend document destruction because the documents may be required in litigation. It is intended as a drafting aid and will need modification according to the circumstances of the parties. The template contains practical guidance, drafting notes, and alternate clauses. The purpose of a legal hold notice is to ensure the retention of relevant documents for future discovery. You must issue it to all employees who may have relevant documents in their possession, custody, or control as soon as the possibility of litigation is reasonably foreseeable. In the event of spoliation, see Motion for Discovery Sanctions: Making the Motion (NJ). For a full listing of key content covering management of in-house legal departments, see In-House Legal Department Management Resource Kit. For a full listing of key content covering fundamental civil litigation tasks throughout a New Jersey state court litigation lifecycle, see Civil Litigation Fundamentals Resource Kit (NJ).