Q: In camera review of privilege log.Can Motion be submitted at any time, before or with Motion to Compel further discovery

A: Under California law, the concept of in camera review of a privilege log is not defined by a specific statute. Instead, it arises from case law and the court's inherent authority to manage discovery disputes.

In camera review is a process where the court privately reviews documents claimed to be privileged to determine whether the privilege applies. This helps the court decide on the validity of the claimed privileges without revealing the potentially privileged information to the opposing party.

Regarding the timing of a motion for in camera review of a privilege log, there is no strict rule. However, it is generally advisable to file such a motion before or concurrently with a motion to compel further discovery. This approach allows the court to resolve any privilege issues before ordering additional discovery.

The motion for in camera review can be filed at any time during the discovery process when there is a dispute over the validity of claimed privileges. It is often filed in response to an inadequate or questionable privilege log provided by the opposing party.

It's important to note that in camera review is not automatically granted upon request. The moving party must establish a factual basis for the court to question the claimed privileges. The court has discretion to grant or deny the motion based on the specific circumstances of the case.

While not defined by statute, the concept of in camera review of privilege logs is well-established in California case law and is a tool available to courts to resolve discovery disputes involving claims of privilege.