Q: Who has to produce privilege log? Propounding or responding party?
Who has to produce privilege log? Propounding or responding party?
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- California
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- Answered
A:
The responding party is generally responsible for producing the privilege log in California civil litigation. Here's a brief explanation:
1. Responding party's obligation: When a party withholds information or documents based on a claim of privilege during discovery, they are required to prepare and provide a privilege log.
2. Purpose: The privilege log allows the propounding party (the party requesting the information) to assess the validity of the privilege claims without revealing the privileged information itself.
3. Contents: The privilege log typically includes details such as:
- Nature of the document or communication
- Date
- Author(s) and recipient(s)
- Subject matter
- Basis for the privilege claim
4. Legal basis: This requirement is outlined in California Code of Civil Procedure Section 2031.240(c)(1) for document production requests.
5. Timing: The privilege log should be produced at the time the responding party serves its responses to the discovery requests.
It's important to note that while the responding party produces the privilege log, the propounding party may challenge the claims of privilege if they believe the information should be disclosed.
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