litigation-hold-checklist

Litigation Hold Checklist

Purpose: Issue a hold so potentially relevant records are preserved once litigation is pending or reasonably anticipated. Failure to preserve can lead to sanctions or adverse-inference instructions under court rules; standards vary by jurisdiction. The city attorney issues and owns the hold. See litigation-hold-notice-template.md.

Required inputs

• Matter description: claim, parties, time period, key events, and what triggered anticipation (notice of claim, demand letter, subpoena, complaint, agency charge, internal incident)
• Staff and officials likely to have relevant information
• Systems list: email, chat and text, cloud drives, case-management systems, body-worn and CCTV video, phone records, paper files, personal devices used for city business

Workflow

1. Trigger and date: record when the duty to preserve arose. It may precede a lawsuit (for example a tort claim notice or a written threat).
2. Scope: define subject matter, date range, and record types. Err toward broader scope; narrow later with attorney approval.
3. Custodians: list individuals, departments, and officials (including elected officials), plus former employees whose accounts remain, and third parties holding city data (vendors, cloud hosts, consultants).
4. Suspend routine destruction: auto-delete on email, chat, voicemail, and video overwrite cycles; records-retention schedule disposals; device wipes and replacement; departing-employee account closure.
5. Issue notice: written, plain language, from the attorney; requires acknowledgment; explains what to keep, what not to do (no deleting, editing, or "cleaning up"), and whom to ask. Do not describe the facts or opinions about the case.
6. Collect where needed: forensic copy of mobile devices or key accounts, vendor preservation letters, copies of video before overwrite.
7. Follow-up: reminders at set intervals, new custodians, systems changes, and a log of notices and acknowledgments.
8. Release: written release by the attorney when the matter ends and retention periods otherwise permit disposal.
9. Coordinate with records requests: a hold does not exempt records from disclosure; separately handle public records requests (see public-records-response).

Output structure

• Trigger, scope, and date range
• Custodian and system table: name/system | owner | action | acknowledgment date
• Suspension list (what auto-deletes and who stops it)
• Draft hold notice and tracking log

Red flags / escalate to the city attorney

• Evidence already deleted; overwrite cycles about to run
• Personal devices or messaging apps in use by officials
• Parties include elected officials or the manager
• Insurance carrier or risk pool must be notified (policy deadlines)

Common mistakes

• Waiting for a filed lawsuit
• Relying on custodians to self-select what is relevant
• Forgetting vendors and cloud systems

Not legal advice.