New Law to Require "Proof of Privilege"

Review of new 2013 California discovery rule requirement that discovery responses claiming privilege or work product include a privilege log.

October, 19 2012

Though it may come as some surprise to many, a party responding to a request for production in California currently is under no obligation to provide a privilege log in connection with its response—either initially or at some later date. See Best Products, Inc. V. Super. CT., 119 Cal. App. 4th 1181, 1188 (2004) (finding there is no requirement that a privilege log be served at the time responses are served). Indeed, the term “privilege log” is nowhere to be found in the California Code of Civil Procedure—or the Federal Rules of Civil Procedure for that matter — and a privilege log only may be required after a motion to compel. Best, at 1189 (finding court may only order a privilege log after a motion to compel a more specific identification of documents withheld on basis of privilege).

Reposted with permission from Peitzman Firm

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