Alert - What Constitutes a Proper "Privilege Log"

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One of the most confusing and frustrating aspects of discovery in civil litigation is the “privilege log” requirement. This requirement is part of California Civil Code Section 2031. Section 2031.010 allows “any party” to obtain discovery from “any other party” by “inspecting, copying, testing, or sampling documents, tangible things, land or other property, and electronically stored information” in a party’s possession, custody, or control. Unlike interrogatories, there is no limit on the number of inspection demands a party can impose. In addition, under section 2031.050 a party can later serve supplemental demands to obtain any later acquired or discovered documents, and can do so twice before the initial setting of a trial date and once thereafter. In responding to these demands, a...
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