Index documents withheld from production
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- List each withheld item by date, author, recipient, and type. Leave the description of the privilege blank. Write no sentence of the objection or of the description that is served.
- What the lawyer must review
- Federal Rule of Civil Procedure 26(b)(5)(A) requires a party who withholds information as privileged or as trial-preparation material to disclose the claim and to describe the nature of the documents without revealing the protected information, so other parties can assess the claim. Rule 26(b)(5)(B) is the procedure after privileged information is produced: notify, and the recipient must return, sequester, or destroy it and must not use it until the claim is resolved. Rule 11 does not apply to discovery under Rules 26 through 37. You write the description that is served.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Supporting preparation only. Consider narrowly defined preparation support after confirming the tool’s capability and permitted scope. The tool writes nothing into the document. Substantive advice, judgement and any restricted content remain with the responsible human. |
| Lawyer | Perform the substantive analysis and decisions. Independently check any permitted supporting work and approve the exact output for its intended use. |
Checklist
- Confirm that the actual tool, feature and processing terms permit use of this information, including access, retention, training and disclosure conditions.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.