AB 578

Bill Subjects

Abstract

The Civil Discovery Act permits a party to a civil action to obtain discovery, as specified, by inspecting documents, tangible things, and land or other property in the possession of any other party to the action. The act provides for procedures that must be followed when the responding party objects to part or all of an inspection demand. This bill would authorize the party making the demand to move for an order to require the responding party to produce a privilege log when that party objects to a demand on the basis of privilege or work product, as specified. If the court, in its discretion, determines that a privilege log is necessary in order to determine the validity of the claim, the court shall order the party claiming the privilege to prepare and serve a privilege log upon the terms and conditions deemed appropriate by the court. The bill would specify that the parties may voluntarily comply with these provisions or stipulate that all parties will comply with these provisions. The bill would require that the compliance be presumed to satisfy existing provisions related to objecting to a demand for inspection.