Discovery and evidence
Privilege Log
A privilege log is the list a party must produce describing documents it is withholding as privileged, without revealing their contents.
Each entry typically gives the date, author, recipients, document type, and the privilege claimed. The description must be detailed enough to let the other side and the court assess the claim, which is why one-line entries draw motions.
Logging failures have consequences. A party that withholds documents without a timely, adequate log risks a ruling that the privilege was waived for those documents.
Logs are also where cases sometimes crack open. A pattern of communications sent to a lawyer only to create privilege, or documents logged with no lawyer involved at all, invites in camera review by the judge. Categorical logging is increasingly common in large cases, where the parties agree to describe groups of similar documents rather than log a million emails one line at a time.
How it appears on a docket
ORDER: defendant shall serve a revised privilege log with subject-matter descriptions for each entry within 14 days; disputed documents to be submitted for in camera review.
Governing rule
Fed. R. Civ. P. 26(b)(5)
Related terms
- Attorney-Client Privilege — The attorney-client privilege protects confidential communications between a lawyer and client made for the purpose of getting or giving legal advice.
- Work Product Doctrine — The work product doctrine shields materials a party or its lawyer prepared in anticipation of litigation from discovery by the other side.
More on discovery and evidence
See this term in a real case
Search federal court records and read the filings where privilege log actually shows up. New to federal dockets? Start with how to find a federal case.