HomeMy WebLinkAboutResolutions 2010 (23) RESOLUTION ADOPTING LITIGATION HOLD POLICY
Resolution No. ,;� 3 U ( 6 )
St. Croix County, Wisconsin
WHEREAS, a litigation hold is a directive requiring a company or government
entity (entity) to preserve all records that may be related to a legal action involving the
entity; and
WHEREAS, a litigation hold ensures that all pertinent records are available for the
discovery process in a legal action; and
WHEREAS, records must be preserved when an entity learns of pending or
imminent legal action or when a legal action is reasonably anticipated; and
WHEREAS, with the advent of electronic information, the discovery process is
more complicated and its scope significantly expanded; the more sophisticated the
information technology in which an entity invests, the greater the obligation to preserve
electronic information; the more ways an entity seeks to share information and enable
access to information, the more expansive its obligations to preserve becomes; and
WHEREAS, a litigation hold prevents spoliation (destruction or alteration of
evidence), which can have a catastrophic effect on the defense of a legal action. Failure
to timely impose a litigation hold can result in court- ordered sanctions, including both
monetary penalties and instructions to a jury to make adverse inferences relating to
information that was destroyed; and
WHEREAS, adopting and utilizing a litigation hold policy will prevent claims of
spoliation by adverse parties.
THEREFORE, be it resolved by the St. Croix County Board of Supervisors that
the Litigation Hold Policy attached to this resolution is adopted, effective immediately.
Offered by the Administration Committee
YES NO ABSTAIN ABSENT SUPERVISOR SIGNATURE
® ❑ ❑ ❑ Ryan Sicard !'� �`—► - -�
® ❑ ❑ ❑ Esther Wentz
❑ ❑ ❑ Gene Ruetz /
® ❑ ❑ ❑ Lorin Sather
Sharon Norton - �.
® ❑ ❑ ❑ Bauman GG
® ❑ ❑ ❑ Buck Malick
® ❑ ❑ ❑' Daryl Standafer 4
This Resolution was adopted by the St. Croix County Board
Reviewed as to form on - l of Supervisors on - 2 e 2 G e c
Greg Tinfkerman, Corporation Counsel Cindy Campbell, County Clerk