Litigation Holds

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

Do not destroy records subject to a litigation matter without prior, written approval from the OGC. It is OK to box them up and send them to the University Records Center or move electronic records into the University Records folder on Box, where retention and Litigation Holds will be managed.

Litigation Hold FAQs

• How do I know if I or my department is subject to a litigation hold?
  
  • 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 with questions.
• What should I do if I am subject to a litigation hold?
  
  • Stop all destruction or deletion of paper and electronic 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, Box 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, normal disposition of records and information can resume.