Q: Format and scope of privilege log
Could not find rule 3.1030.
What rules of court and statute reference format of privilege log, and defense responsibility to compile privilege log.
Where scope of privilege log is defined to be backwards applicable, inclusive previous discovery responses, not propounded together with demand for privilege log?
A:
In California, the rules governing privilege logs are primarily found in case law rather than specific statutes or rules of court. The format and content of privilege logs are not explicitly defined in the California Code of Civil Procedure or the California Rules of Court.
As for the scope of the privilege log, it should include all documents withheld on the basis of privilege, regardless of when the documents were created or whether they were previously produced in discovery. The party asserting the privilege has the burden of establishing the existence of the privilege and must provide sufficient information in the log to enable the opposing party to assess the claim of privilege.
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