A privilege challenge argues that withheld material is not protected, that the log is inadequate, or that privilege was waived. It typically proceeds by motion to compel after meet and confer.
The producing party bears the burden of establishing privilege.
Alternative Names:
Challenge to Privilege, Privilege Motion
Why it Matters?
The most efficient challenges target the log rather than the underlying documents, because inadequate entries fail to carry the proponent's burden without requiring any showing about content. Entries omitting the author, recipients, or a description sufficient to assess the elements are vulnerable on their face. Waiver theories including third-party copying and at-issue assertion are the other productive lines.
Frequently Confused with
Related terms
Frequently asked questions
What is the most efficient basis for challenge?
What waiver theories are productive?
