The Litigation Hold Letter serves as a crucial legal instrument in the Indian judicial system, typically issued when litigation is anticipated or already underway. This document is essential for ensuring compliance with evidence preservation requirements under various Indian statutes, including the Indian Evidence Act, 1872 and the Information Technology Act, 2000. The letter must be issued promptly when a party reasonably anticipates litigation, as failure to implement appropriate litigation holds can result in severe consequences, including adverse judicial findings and potential sanctions. The document should clearly identify the scope of information to be preserved, specify the relevant time period, and provide detailed instructions for compliance. It becomes particularly critical in the context of electronic data, where routine automated deletion systems must be suspended to ensure preservation of potentially relevant evidence.
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1. Date and Recipient Information: Including recipient's name, title, organization, and complete contact details
2. Subject Line: Clear identification of the matter and indication that this is a litigation hold notice
3. Legal Matter Description: Brief description of the legal matter or anticipated litigation
4. Preservation Obligation Statement: Clear statement of the legal duty to preserve potentially relevant information
5. Scope of Hold: Detailed description of what types of information must be preserved
6. Time Period: Specification of the relevant time period for which information must be preserved
7. Immediate Actions Required: List of specific steps recipients must take to comply with the hold
8. Prohibited Actions: Clear statement of actions that must not be taken (e.g., deletion, alteration)
9. Acknowledgment Requirement: Request for confirmation of receipt and understanding of the hold notice
1. Custodian Questionnaire: Include when needed to gather information about potentially relevant data sources
2. IT Systems Overview: Include when specific technical systems or databases need to be addressed
3. Cost Allocation: Include when there are specific arrangements regarding the costs of preservation
4. Third Party Notification: Include when relevant data may be held by third-party vendors or service providers
5. Preservation Method Instructions: Include when specific technical preservation methods must be followed
1. Schedule A - Data Types and Sources: Detailed list of specific types of documents, data, and systems covered by the hold
2. Schedule B - Custodian List: List of individuals subject to the litigation hold
3. Schedule C - Preservation Instructions: Technical instructions for preserving different types of electronic data
4. Appendix 1 - Acknowledgment Form: Form for recipients to sign acknowledging receipt and understanding of the hold notice
5. Appendix 2 - FAQ: Common questions and answers about compliance with the litigation hold
Find the exact document you need
Litigation Hold Letter
A formal notice under Indian law requiring the preservation of potentially relevant documents and electronical data when litigation is anticipated or pending.
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Legal Hold Notice
A formal notice under Indian law requiring preservation of potentially relevant information and documents in anticipation of or during legal proceedings.
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