Unless otherwise limited by court order, the scope of discovery is as follows: Parties may obtain discovery regarding any nonprivileged matter that is relevant to any party’s claim or defense and proportional to the needs of the case, considering the importance of the issues at stake in the action, the amount in controversy, the parties’ relative access to relevant information, the parties’ resources, the importance of the discovery in resolving the issues, and whether the burden or expense of the proposed discovery outweighs its likely benefit. FRPC 26(b)(1) establishes a very broad scope of discovery in federal civil litigation as follows: Most civil litigation-and to a large extent much criminal litigation-generally follows the construct for discovery codified in the Federal Rules of Civil Procedure (FRCP). Discovery rules generally allow discovery only of nonprivileged information.įederal law generally requires a party to create a privilege log if the party is withholding responsive information from a discovery production on the basis of privilege. We offer the following guidance on why you may want to create a privilege log and how to create one that will operate best in litigation. ![]() A sloppy or incomplete log may result in expensive, time-consuming litigation, or it may allow an adversary to view your client’s confidences and litigation strategy, and identify weaknesses or stay steps ahead of your litigation plan. The reality is that privilege logs are necessary for litigation if you want to protect communications from privilege. ![]() ![]() In fact, most lawyers view creating a privilege log as a loathsome task to avoid, and spend little time thinking about how or why privilege logs should be created. We have yet to meet a lawyer who enjoys creating privilege logs.
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