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Privilege Log


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#1 lotusac43

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Posted 21 March 2012 - 03:40 PM

I have a case in the 11th District Court in Miami, FL. I am the plaintiff, the defendants presented a request for production. I answered and did not want to present some documents that have nothing to do with the case.

I consider them private documents and the defendants do not need these documents.

I was told that a Motion for Privilege Log could protect my documents from being shown.

My question is can this motion protect my documents? and what if the court asks to see them do I have to show them? And how will I know the court will not show the defendants?

Thank you for your time.


#2 Tax_Counsel

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Posted 21 March 2012 - 08:32 PM

lotusac43 said...

I have a case in the 11th District Court in Miami, FL. I am the plaintiff, the defendants presented a request for production. I answered and did not want to present some documents that have nothing to do with the case.

You already asked about this once and were given responses as to what to do in a prior thread. Please don't start new threads on the same topic. It helps those wanting to follow the topic if you keep your follow-ups together with the original question by hitting the "answer/reply" button under your original question.

lotusac43 said...



I was told that a Motion for Privilege Log could protect my documents from being shown.

As the responses in the prior thread indicated, you'd either reply to the defendants stating you object to providing the documents and the reason(s) for your objection or you file for a protective order. In the courts in which I practice, if the problem is that you don't believe the documents are relevant, the courts prefer you respond to the other party with your objection and then confer with the opposing side prior to either of you bringing the matter to the court, but I don't know what the courts in Florida would prefer. In any event, those are the two ways in which to deal with it.

A privilege log is simply a document that you'd prepare in some circumstances when objecting to the request or seeking a protective order that provides the defendants with sufficient information about the documents in question to allow them to determine the nature of the documents in question and the reason(s) you are withholding them. Whether a privilege log is needed or would be helpful here depends on what the document request was, what documents are potentially responsive to it, and what specific objections/concerns you have in providing those documents.

Note that the scope of discovery is pretty broad and that parties in a case often must provide documents that they consider "private" as part of the litigation process.


#3 pg1067

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Posted --

lotusac43 said...

I answered and did not want to present some documents that have nothing to do with the case. I consider them private documents and the defendants do not need these documents.

I don't know what you mean by "private documents," but I certainly hope you understand it's not up to you to decide what your adversary does and does not "need."  I would also point out that discovery is not limited to only those matters that are relevant or admissible.


lotusac43 said...

I was told that a Motion for Privilege Log could protect my documents from being shown. My question is can this motion protect my documents?

Who told you this?  It doesn't even make sense.  A privilege log is a log of documents withheld from production on the grounds of the attorney-client privilege or the work product rule (or, less frequently, other privileges), and which contains basic information regarding each such document that can be used to evaluate the privilege claim.  Since you're the responding party, if anyone were to make a motion to compel you to produce a privilege log, it would be your adversary party.  Given what you've said here, you could file a motion for a protective order.  Without knowing more about the case and the documents in question, we can't know whether the documents are or are not discoverable.


lotusac43 said...

what if the court asks to see them do I have to show them?

I don't know who "them" are.  The court isn't going to "ask."  If the judge decides it is necessary to review the documents in order to decide whether they can be protected from discovery, he/she will order you to produce them so that he/she can do so.


lotusac43 said...

how will I know the court will not show the defendants?

Unless you have real evidence of some sort of collusion between the court and the defendants, this can't be treated as a serious question.




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