Los Angeles, CA asked in Health Care Law and Legal Malpractice for California

Q: Sequence of steps. Motions. Privilege log. Order for individual's private data. Timing for creation of priv. log.

Should hearing be scheduled for both motions: for motion for in-camera review of privilege log, and motion to disclose individuals' private information.

Can Motions be combined? They are inter-related.

Can both Motions be heard at the same hearing?

Is Defendant required to create privilege log before hearing?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: Here is a summary of the typical sequence of steps and timing related to privilege logs and motions to compel production of private information under California law:

1. Motion to Compel Production of Private Information: The party seeking the private information files a motion explaining the relevance and necessity of the data. This motion can request that the court conduct an in-camera review of any claimed privileged materials.

2. Opposition and Privilege Log: The party opposing disclosure of the private information files an opposition to the motion to compel. If the opposition asserts any privileges, that party must provide a privilege log identifying the withheld documents and the claimed privileges. The privilege log is typically due at the same time as the opposition brief, prior to the hearing on the motion to compel.

3. Reply Brief: The moving party may file a reply brief responding to the opposition arguments and addressing any insufficient privilege log.

4. Hearing on Motion to Compel: The court hears arguments on the motion to compel production, including any assertions of privilege. This hearing will determine the scope of required disclosure of private information and rule on the claimed privileges based on the privilege log provided.

5. In-Camera Review (If Needed): After the hearing, if the privilege assertions are challenged and the court deems it necessary, it may order the responding party to submit the withheld documents for in-camera review to assess the privilege claims. This would occur after the privilege log is provided.

So in summary:

- The privilege log must be created and provided before the hearing on the motion to compel production of private information.

- A separate motion for in-camera review is not required - this is typically requested within the motion to compel itself.

- The court will rule on the motion to compel and privilege assertions in one hearing based on the briefing and privilege log. In-camera review, if needed, would be ordered after this hearing.

Of course, the exact procedure may vary somewhat by court and case. But generally, the responding party must provide a timely and adequate privilege log prior to the hearing on a motion to compel private information, so the court can assess those privilege claims at the hearing and order in-camera review after if necessary.

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