How often do you need to send legal hold reminders and re-issue the notice to custodians?

There is no single legally mandated interval for legal hold reminders. No widely adopted rule sets a fixed number of days or months, and obligations vary by jurisdiction (US federal courts, state courts, and other countries each apply different standards). Instead, courts and recognized guidance focus on whether your overall preservation process is reasonable, documented, and effective at preventing the loss of relevant information.

What Drives the Cadence

The duty to preserve attaches when litigation is reasonably anticipated, and it continues for the life of the matter. Within that window, the question is not “how often” in the abstract but “often enough to keep preservation working.” Practical factors include:

• Matter risk and complexity — high-stakes or fast-moving matters justify more frequent contact.
• Custodian turnover — departures, role changes, and new hires require prompt updates.
• Data volatility — sources with short auto-deletion cycles (messaging, voicemail, ephemeral apps) need closer attention.
• Acknowledgment gaps — custodians who have not confirmed receipt warrant follow-up.

A Common, Defensible Approach

Many organizations adopt a periodic reminder rhythm — for example, quarterly or semiannual reminders for long-running matters — paired with event-triggered reissuance. Reissue or refresh the notice when:

• The scope of the matter changes (new claims, custodians, or data sources).
• A custodian leaves, changes roles, or is newly identified.
• New systems or data types come into scope.
• An audit reveals stale acknowledgments or preservation gaps.

The goal is consistency: apply your schedule uniformly rather than improvising per matter.

Document Everything

What protects an organization is the record of its diligence. Track who received each notice, when, what it covered, and whether they acknowledged it. Retain reminder logs and any escalations. If preservation later comes into question, this trail demonstrates that your process was reasonable — the standard courts generally apply.

Treat reminders as one part of a managed lifecycle that runs from issuance through release, not a one-time email. For broader context on preservation duties and workflow, see /topics/ediscovery/.

Because requirements differ by jurisdiction and matter, confirm your specific obligations with qualified counsel.