Litigation Hold Notice Template for Pakistan

A Litigation Hold Notice tells people and organizations to keep specific documents, emails, and other records safe when there's a chance they'll be needed for a legal case. In Pakistan's courts, destroying or altering potential evidence can lead to serious penalties under the Qanun-e-Shahadat Order and Civil Procedure Code.

Once you receive this notice, you must preserve everything that might be relevant - from paper files to electronic data, text messages, and social media posts. The hold stays active until the legal matter ends or the court says otherwise. Companies often work with their IT teams and legal counsel to make sure everyone follows these preservation requirements correctly.

Issue a Litigation Hold Notice immediately when your organization faces a lawsuit or reasonably expects legal action. Common triggers include receiving formal complaints, accident reports, employee grievances, or regulatory investigations. Under Pakistani law, the duty to preserve evidence begins as soon as litigation becomes likely.

Send the notice when key employees leave, after workplace incidents, or when government agencies request information. Pakistani courts take evidence preservation seriously - failing to send a timely hold notice can result in sanctions, adverse inferences, or even case dismissal. Banking, telecommunications, and manufacturing sectors frequently use these notices during commercial disputes.

• Basic Preservation Notice: Standard form alerting recipients to preserve all documents related to a specific matter, commonly used in commercial disputes
• Department-Specific Hold: Tailored notices for different business units, detailing exactly what types of records each team must retain
• IT-Focused Notice: Technical instructions for preserving electronic data, including emails, databases, and backup systems
• Extended Enterprise Notice: Broader version covering third-party vendors, contractors, and business partners
• Regulatory Investigation Hold: Specialized format for cases involving Pakistani regulatory bodies like SECP or SBP

• Legal Departments: Draft and oversee Litigation Hold Notices, working with IT teams to ensure proper implementation
• Corporate Executives: Approve and authorize hold notices, often bearing ultimate responsibility for compliance
• IT Managers: Handle technical aspects of preserving electronic data and preventing automatic deletions
• Department Heads: Help identify relevant documents and ensure their teams comply with preservation requirements
• External Counsel: Advise on scope and language of notices, especially in complex litigation
• Records Managers: Coordinate document preservation across physical and digital storage systems

• Identify Scope: List all relevant departments, document types, and time periods that need preservation
• Map Data Sources: Document locations of both physical and electronic records, including backup systems
• Define Recipients: Create a complete list of employees, contractors, and third parties who need the notice
• Set Timeline: Establish clear start date and preservation period based on legal requirements
• Draft Instructions: Write clear steps for preserving different types of records
• Review Protocol: Outline how compliance will be monitored and documented
• Distribution Plan: Determine how notices will be sent and acknowledgments collected

• Description of Legal Matter: Clear statement of the dispute or investigation triggering the hold
• Scope Definition: Detailed list of documents, data types, and time periods covered
• Preservation Instructions: Specific steps to prevent deletion or alteration of materials
• Recipients List: Named individuals and departments subject to the hold
• Legal Authority: Reference to relevant Pakistani laws and consequences of non-compliance
• Duration Statement: Clear timeframe or conditions for lifting the hold
• Acknowledgment Section: Space for recipients to confirm understanding and compliance
• Contact Information: Designated person for questions about preservation duties

A Litigation Hold Notice differs significantly from a Notice of Default. While both are formal legal notices, they serve distinct purposes and trigger different obligations under Pakistani law.

• Purpose and Timing: Litigation Hold Notices focus on preserving evidence when legal action is anticipated, while Notice of Default alerts parties about specific contract breaches and demands remedial action
• Scope of Application: Hold notices cover all potentially relevant documents and data across an organization, but Default notices target specific contractual failures
• Legal Consequences: Failing to comply with a hold notice can result in court sanctions and evidence spoliation penalties, whereas ignoring a default notice typically leads to contract termination or legal action
• Duration: Hold notices remain active until litigation ends or the court orders otherwise; default notices usually specify cure periods and deadlines for compliance