Privilege Log

| Mar 27, 2013 | Firm News

A justice of the Superior Court has written a decision on a issue not addressed by the Rhode Island Supreme Court and required the production of a “privilege log” when ever a party withhold documents from discovery on the basis of some kind of privilege. In so doing, he followed the lead of the federal district court (as well as at least one other Superior Court justice, to our knowledge).  The Court said the privilege log must state with particularity the persons making and receiving the allegedly privileged communications, including their relationships, the subject matter of the communication or the grounds for the particular privilege asserted.  The Court conditionally granted the movant’s motions to compel unless the objecting party provided the movant and the Court with a sufficient log that would allow the Court to determine whether the claim of privilige was facially valid.  If necessary, the Court would conduct an in camera review of the documents.  Lamendola v. Raposa, K.C. 2011-0160 (R.I. Super. March 21, 2013).



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