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Privilege Logs

In the event that a party withholds otherwise discoverable information on the ground of privilege, the withholding party generally must provide a log of the documents so withheld.  See Fed. R. Civ. P. 26(b)(5) and Advisory Committee Comments to 1993 Amendments.  Any privilege log must be detailed enough to enable other parties to assess the applicability of the privilege asserted and should include:  (1) the name and capacity of each individual from whom or to whom a document and any attachments were sent (including which persons are lawyers); (2) the date of the document and any attachments; (3) the type of document; (4) the Bates numbers of the documents, (5) the nature of the privilege asserted; and (6) a description of the subject matter of the information contained in the document in sufficient detail to determine if legal advice was sought or received or if the document constitutes attorney work product.  See Allendale Mut. Ins. Co. v. Bull Data Sys., Inc., 145 F.R.D. 84, 88 (N.D. Ill. 1992).

The Court reminds the parties that the meet and confer requirements of Local Rule 37.2 apply to privilege disputes, just as they do to other discovery disputes.




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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