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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.