Q: Propounding demand for privilege log

A: In California, there is no specific statute or rule that prescribes the format of a privilege log. However, it is common practice for the party propounding the demand for a privilege log to specify the information they expect to be included. This helps ensure that the responding party provides sufficient detail to assess the claims of privilege.

Typically, the propounding party may request the following information to be included in the privilege log:

1. Document or communication identification number

2. Date of the document or communication

3. Author(s) of the document or communication

4. Recipient(s) of the document or communication, including cc and bcc recipients

5. General subject matter of the document or communication

6. Type of document or communication (e.g., email, letter, memorandum)

7. Specific privilege(s) being asserted (e.g., attorney-client, work product)

8. Brief explanation of the basis for the privilege claim

If the propounding party does not specify the desired content of the privilege log, the responding party should still provide a log with enough detail to allow the propounding party and the court to assess the validity of the privilege claims. The responding party may look to California case law for guidance on what constitutes an adequate privilege log.

In summary, while not required by statute or rule, it is advisable and common practice for the propounding party to specify the information they expect to see in the privilege log to ensure a complete and satisfactory response from the responding party.