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Privilege Disputes

A party claiming that material requested in discovery is privileged or otherwise protected from disclosure as trial preparation material shall comply with Rule 26(b)(5) Federal Rules of Civil Procedure.

The party asserting the claim of privilege shall prepare a comprehensive and appropriate privilege log that describes the nature of the documents, communications or things not produced in a manner that enables the other party to assess the applicability of the claim of privilege. The log must include: 1) the identity and status of each person from whom or to whom a document was sent; 2) a reasonably detailed description of the subject matter – but not of course revealing the information claimed to be privileged – so that a determination can be made if legal advice was sought or revealed; 3) the date of the document; 4) the type of document; 5) the privilege asserted; and 6) Bates numbers. See United States v. Construction Products Research, Inc., 73 F.3d 464 (2nd Cir. 1996); Autotech Technologies Ltd. Partnership v. Automationdirect.com, Inc., 2007 WL 2198773 (N.D.Ill. 2007)(collecting cases); In re Sulfuric Acid Antitrust Litigation, 235F.R.D. 407, 432 (N.D.Ill. 2006)(collecting cases).


Note: The court does not control nor can it guarantee the accuracy, relevance, timeliness, or completeness of this information. Neither is it intended to endorse any view expressed nor reflect its importance by inclusion in this site.
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