Q: Section 2032.240 c(2) does not define format of privilege log. Which rule of statute defines?

A: There is no specific California statute that prescribes the exact format for a privilege log required under California Code of Civil Procedure Section 2032.240(c)(2), which relates to demanding the production of documents in response to a demand for a physical examination.

However, the purpose of a privilege log is to provide sufficient information for the opposing party to assess the applicability of the claimed privilege. Based on California case law and practice guides, a privilege log typically includes the following information for each document being withheld:

1. Date of the document

2. Author or sender of the document

3. Recipient(s) of the document

4. Nature of the privilege asserted (e.g., attorney-client, work product)

5. Brief description of the document or its subject matter

The format of the privilege log can vary, but it is often presented as a table or spreadsheet.

While not directly applicable to Section 2032.240(c)(2), California Rule of Court 3.1345 provides guidance on the format of privilege logs in the context of e-discovery. This rule requires that a privilege log include the following information:

1. An identification number for each document

2. The date of the document

3. The identity of the author(s)

4. The identity of the recipient(s)

5. The specific privilege(s) asserted

In practice, parties often agree on the format of the privilege log or seek guidance from the court if there is a dispute. The key is to provide enough information to enable the opposing party and the court to evaluate the claimed privilege.