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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 lawsuit. In Malaysia, these notices help companies follow their legal duty to preserve evidence under the Rules of Court 2012 and Evidence Act 1950.

When someone receives this notice, they must stop their usual document deletion practices and protect anything that might be relevant to the case. This includes digital files, paper documents, and electronic communications. Breaking these instructions can lead to serious penalties from Malaysian courts, including fines and negative rulings in the related lawsuit.

Issue a Litigation Hold Notice immediately when your organization faces potential legal action or receives a legal threat. Common triggers include employee disputes, contract disagreements, regulatory investigations, or accidents at Malaysian workplaces. Send it as soon as you learn about these situations - waiting too long puts your evidence at risk.

The notice becomes crucial when dealing with digital evidence that might automatically delete, like email systems or chat messages. Malaysian courts expect companies to preserve all relevant information once they know about possible litigation. Quick action with a hold notice helps protect your organization from accusations of evidence destruction and shows good faith compliance with legal obligations.

• Standard Hold Notice: Basic notification requiring preservation of all potentially relevant documents, emails, and records - commonly used for general business disputes
• Department-Specific Notice: Tailored instructions for specific teams or units, detailing exactly what materials they need to preserve
• Technology-Focused Notice: Specialized instructions for IT teams about preserving digital evidence, system logs, and electronic communications
• Third-Party Notice: Modified version sent to external vendors, contractors, or partners who may hold relevant materials
• Project-Based Notice: Customized for large projects or transactions, identifying specific document categories and retention periods

• Legal Department: Usually drafts and manages Litigation Hold Notices, working with IT to identify relevant data sources
• Company Directors: Authorize the notices and ensure organization-wide compliance with preservation requirements
• IT Teams: Implement technical preservation measures and stop automatic deletion of electronic records
• Department Managers: Help identify relevant documents and ensure their teams follow preservation instructions
• External Counsel: Often reviews notices and advises on scope, especially in complex Malaysian litigation
• Employees: Must follow the notice's instructions to preserve any relevant materials they handle or create

• Define Scope: List all potential legal issues and identify departments holding relevant information
• Map Data Sources: Document locations of electronic and physical records, including email servers, cloud storage, and paper files
• Contact List: Create a complete list of employees, contractors, and third parties who need to receive the notice
• Timeline Details: Establish the date range for preserved materials and set clear preservation deadlines
• IT Requirements: Outline specific technical steps needed to prevent automatic deletions
• Review Process: Set up a system to track acknowledgments and monitor compliance with the hold notice

• Case Description: Clear explanation of the legal matter or potential litigation triggering the hold
• Preservation Scope: Detailed list of documents, data types, and materials that must be preserved
• Time Period: Specific date range for which materials must be kept
• Legal Authority: Reference to Malaysian Rules of Court 2012 and Evidence Act 1950
• Recipient Duties: Clear instructions on stopping deletions and preserving materials
• Acknowledgment Section: Space for recipients to confirm understanding and compliance
• Contact Information: Details of legal team or coordinator managing the hold

A Litigation Hold Notice differs significantly from a Notice of Default in both purpose and timing. While both documents serve as formal notifications, they operate in distinct legal contexts within Malaysia's legal framework.

• Purpose and Intent: A Litigation Hold Notice aims to preserve evidence for potential legal proceedings, while a Notice of Default alerts parties about specific contract breaches and demands remedy
• Timing of Issue: Hold notices come before or during litigation to protect evidence; Default notices typically precede legal action as a required first step
• Scope of Application: Hold notices cover broad categories of documents and data across multiple departments; Default notices focus on specific contractual violations
• Response Requirements: Hold notices require ongoing compliance with preservation duties; Default notices usually demand specific corrective actions within set timeframes
• Legal Consequences: Violating a hold notice can lead to court sanctions and evidence issues; ignoring a default notice typically triggers contractual penalties or termination rights