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How to Implement a Litigation Hold

In order to effectively manage the preservation of documents, Sacramento State has designated the Information Security Office as the data collection team.  This team also includes representatives from the unit where the principal documents reside, IT, Risk Management or Human Resources, and in some cases, University Counsel.  This team follows Sacramento State Litigation Hold Procedures to ensure that all appropriate documents for the particular dispute are identified and preserved.  The first step is to identify the kinds of information that needs to be preserved.  The Litigation Hold team will then take steps to preserve documents that are centrally located.  During this process the team will communicate with all employees who might have relevant information at their work stations. A letter advising employees of their responsibility to implement the litigation will be also delivered to the parties involved.  Electronic information should be preserved in the form in which it was created, including metadata, (electronic information describing the history, tracking or management of an electronic document that is embedded within the communication and not visible on its face).  The information may be retrieved from:

  • Hard copy

  • E-mail

  • Computer hard drives

  • Network servers

  • Back-up tapes

  • Personal Data Assistants

  • Voice messages

  • Videos and photographs

The hold applies to information in existence at the time that the hold is implemented, and any new information generated after that time and until the hold is released.  In a dispute of longer duration, reminders of litigation hold requirements should be periodically re-issued.