(a) Service of Requests for Documents.
Attorneys requesting documents pursuant to Fed. R. Civ. P. 34 and 45 shall have
reviewed the request or subpoena to ascertain that it is specifically applicable to the facts and
contentions of the particular case. A form request or subpoena which is not specifically directed
to the facts and contentions of the particular case is prohibited.
(b) Reasonable Request.
A request for production or subpoena duces tecum shall be read reasonably, recognizing
that the attorney serving it generally does not have knowledge of the documents being sought
and the attorney receiving the request or subpoena generally has such knowledge or can obtain
it from the client.
(c) Claiming Privilege or Protecting Trial Preparation Materials (“Privilege Log”).
In addition to those requirements under Fed. R. Civ. P. 26(b)(5)(A), a party asserting a
privilege or protection from the production of a document shall furnish all parties the following
information:
(1) the type of document, e.g., letter or memorandum;
(2) the general subject matter of the document;
(3) the date of the document;
(4) the author, addressee and all other recipients of the document, their
titles, positions and specific job-related duties, and the relationship of the author and all
recipients to one another;
(5) the specific objection or privilege asserted and an explanation of how it
applies;
(6) such other information sufficient to identify the document for a subpoena
duces tecum.
(d) Oral Communications.
A party asserting a privilege or qualified immunity to the disclosure of oral
communications shall furnish the following information:
(1) the name of the person making the communication; the name of all
persons present when the communication was made, their titles, positions and specific job-
related duties, and the relationship of all people present to one another;
(2) The date and place of communication; and
(3) the general subject matter of the communication.
27 January 2022
