What is the burden of producing privileged documents?
"New York", United States of America
The following excerpt is from Luckenbach's Estate, In re, 228 N.Y.S.2d 649, 35 Misc.2d 122 (N.Y. Surr. Ct. 1962):
While neither the client nor the attorney may be compelled to produce a document which is privileged, when the privilege is asserted by the client the burden is on the client to show facts warranting its recognition (Bloodgood v. Lynch, 293 N.Y. 308, 56 N.E .2d 718).
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