Records Management - What Happens to Records Once Hold Terminated

From EDRM

Information Management

The Records Management Program The Objectives of a Comprehensive Records Management Program Record Definition Incorporation of Electronic Records into a RM Program The Complexity of Metadata Managing Information Copies/Duplicates Records Storage and Maintenance Storage/Access/Security/Disposition of Records - Legal Requirements Records Disposition Program Assessment/Audit Training Suspension of Records Destruction During Litigation Holds When the Duty to Preserve Relevant Materials Arises What Happens to Records Once Hold Terminated Emerging Technologies Records Management - RM Technology Solutions E-Mail Content Filtering and Monitoring Software E-Mail Archiving Encryption and Security EDMS/ECMS/RMS Web-Based Compliance Training Records Home Page Other Solutions Additional Materials Participants

Litigation hold notices should remain in effect and not be terminated until a matter is ultimately concluded. A matter is ultimately concluded when:

• A final settlement agreement and release has been signed by all parties;
• A dismissal with prejudice has been entered as to all parties; or
• The deadline for any further appeals has run and the entered judgment has become final.^[1]

At this point, a Termination Notice should be sent to the same employees that received the original Litigation Hold Notice and any Supplemental Notices. This will notify employees that they can resume routine document destruction in accordance with the company's normal record retention schedule. Records scheduled for disposition should be disposed of. Records needed for continuing business purposes should be retained for the appropriate time period according to the company's approved schedule. Employees should be made aware of the critical responsibility of adhering to termination notices as well as litigation hold notices. Disregarding a termination notice and retaining documents for indefinite amounts of time can expend unreasonable, unnecessary or even exorbitant resources.

Footnotes

1. ^  Under Fed. R. Civ. P. 52(b), a party has ten days to move the court to make additional findings or amend its findings or judgment. Under Fed. R. Civ. P. 59, a party has ten days to seek a new trial.

(back to top)