It is well settled that a party who withholds discovery materials must provide sufficient information, usually in the form of a privilege log, to enable the other party to evaluate the applicable protection. State v. Lead Industries Association, Inc., No. 2010-288-Appeal at 20 (citing R.I. R. Civ. P. 26(b)(5)). It is equally well settled that a party is only required to disclose on its privilege log documents, communications, or things not produced that are “otherwise discoverable.” Id. at 21. Thus, a document that is irrelevant, immaterial, overbroad, or never requested in document requests need not be disclosed on a privilege log. Id. For that reason, the Supreme Court held that “nonresponsive documents are not required to be reported in a privilege log.” Id.
About The Author
Nicole J. Benjamin
I am a shareholder and business litigator at AP&S. I help businesses and their legal departments achieve their objectives by reducing their liabilities, advising them on complex legal matters and defending unavoidable litigation in federal and state court.