Q: Demand for privilege log (scope).
Can demand for privilege log include previous responses of responding party, that do not belong to current set that plaintiff propounds?
Previous responses referenced 1157, Cal Evidence Code statutes, etc.
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A:
Under California law, the scope of a demand for a privilege log is generally limited to the current set of discovery requests propounded by the plaintiff. This means that the privilege log should specifically address the documents and communications that are responsive to the current discovery requests and are being withheld on the basis of privilege.
However, if there are relevant documents from previous responses that are now being referenced or relied upon in the current discovery context, those may also need to be included in the privilege log. The key is to ensure that all withheld documents that are responsive to the current discovery requests are properly logged, even if they were part of previous responses.
It is important to carefully review the current discovery requests and any applicable statutes, such as California Evidence Code Section 1157, to ensure compliance. Providing a thorough and accurate privilege log helps demonstrate good faith in the discovery process and can prevent disputes from escalating.
If the opposing party disputes the scope of your privilege log, you may need to seek a protective order from the court to clarify the scope and protect privileged information. Consulting with an attorney, even on a limited basis, can provide clarity and ensure your rights are protected throughout the discovery process.
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