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Invitation for Comment on Privilege Log Practice

The Judicial Conference Advisory Committee on Civil Rules received a suggestion that rule changes be adopted to address difficulties in complying with Rule 26(b)(5)(A) in some cases. Its Discovery Subcommittee is considering possible changes to the rules responsive to these concerns, and invited comments from the bench and bar about this topic. View the invitation for comment here:

To facilitate review and consideration at fall 2021 meetings, the Advisory Committee asked for comments by August 1, 2021. Substantive comments that were received through the first week of August 2021 are posted below.

Comments received after the cut off and before the October 5, 2021 Advisory Committee meeting will be forwarded to the Discovery Subcommittee and are appended to the above PDF. If any rule change is formally considered, a public comment period on the proposed amendments will take place as described here. For further information, please see the minutes and agenda materials for each Advisory Committee meeting at Records of the Rules Committees