University Records & Information Management

Litigation Holds

A litigation hold is a preservation order initiated by the BYU Office of the General Counsel (OGC). The order informs affected persons, offices or departments of a current or potential litigation matter and that all records and information potentially relevant to this matter should be preserved. If litigation takes place, related records may be collected.

Do not destroy records subject to a litigation matter. It is OK to box them up and send them to the University Records Center.

Litigation Hold FAQs

  • How do I know if I or my department is subject to a litigation hold?
    • BYU OGC will notify the department if there is a need to preserve records. OGC will also notify the department when the litigation hold has been lifted. Contact OGC or University Records & Information Management with questions.
  • What should I do if I am subject to a litigation hold?
    • Stop all destruction or deletion of records and information in your department until you have met with the Office of General Counsel. When you meet, you will discuss the scope of the records and information potentially subject to the hold. Once the scope of the information is understood, and upon approval from OGC, you may be permitted to dispose of records and information that are not related to the hold. Records may include physical files stored in your department, physical records stored at the Records Center, and computer files on your hard drive, shared drive, email system, SharePoint or other repositories. It is OK to continue backup tape rotations unless specifically directed not to.
    • The key is to follow direction from the lead attorney, since each litigation matter is different.

Once the hold has been lifted, disposition of records can continue.