N.Y. Comp. Codes R. & Regs. Tit. 22 § 202.20-a - Privilege Logs
(a) Meet and
Confer. Parties shall meet and confer at the outset of the case, and from time
to time thereafter, to discuss the scope of the privilege review, the amount of
information to be set out in the privilege log, the use of categories to reduce
document-by-document logging, whether any categories of information may be
excluded from the logging requirement, and any other issues pertinent to
privilege review, including the entry of an appropriate non-waiver order. To
the extent that the collection process and parameters are disclosed to the
other parties and those parties do not object, that fact may be relevant to the
Court when addressing later discovery disputes.
(b) Court Order. Agreements and protocols
agreed upon by parties may be memorialized in a court order. In the event the
parties are unable to enter into an agreement or protocol, the court shall by
order provide for the scope of the privilege review, the amount of information
to be set out in the privilege log, the use of categories to reduce
document-by-document logging, whether any categories of information may be
excluded from the logging, whether any categories of information may be
excluded from the logging requirement, and any other issues pertinent to
privilege review, including the entry of an appropriate non-waiver order, and
the allocation of costs and expenses as between the parties.
Notes
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