What is the burden of proving privilege against disclosure?

MultiRegion, United States of America

The following excerpt is from Carr v. Cnty. of San Diego, Case No.: 19cv1139-JLS-MDD (S.D. Cal. 2020):

is moderately pre-weighted in favor of disclosure. Kelly v. City of San Jose, 114 F.R.D. 653, 661. The party asserting the privilege bears the burden of proving the privilege. Id. at 662.

Other Questions


What is the burden of proving that a document is privileged? (MultiRegion, United States of America)
What is the burden of proving that communications obtained during a joint-defense effort are privileged? (MultiRegion, United States of America)
What is the burden of proving that a state statute or municipal ordinance discriminates against or places some burden on interstate commerce? (MultiRegion, United States of America)
What is the burden of establishing privilege against a party who is not entitled to privilege? ("New York", United States of America)
What is the burden of proving each essential element in a motion for privilege? (MultiRegion, United States of America)
What is the burden of proving attorney-client privilege? (MultiRegion, United States of America)
Does section 25 of the Access to Records Act, which provides exemptions to disclosure under the Corporations Privileges Act, apply to solicitor-client privilege? (Canada (Federal), Canada)
What is the initial burden of proving that Defendant substantially burdened the exercise of his religious beliefs? (MultiRegion, United States of America)
What is the burden on a party claiming the protection of privilege to establish the facts that are essential elements of the privileged relationship? (MultiRegion, United States of America)
Does the burden of proving a claim against a party be burdens of proof? ("New York", United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.