Judges don't like to do in camera reviews of
documents. Part of the reason is the quantity of documents
involved. There was an Order from Judge Tennille a couple of years ago in
which the Judge chastised the parties for submitting notebooks filled with
repetitive paper copies of emails which the Defendant claimed were
privileged. For a recap of that October 2009 ruling regarding an in
camera review, see here.
Judge Tennille observed then that "discovery in a
digital age is expensive and difficult." Today, we are even further
into the digital age. Things are no less expensive now, but just as
difficult (or even more so).
A case in point is Capps v. Blondeau, in the
discovery phase now before Judge Jolly in the Business Court. This week,
Judge Jolly found a digital presentation of documents submitted to be reviewed in
camera to be too voluminous for the Court to handle, and ordered
that paper copies be provided. The defendant claiming privilege had
submitted two DVD's containing electronic copies of privilege logs and the more
than a thousand documents claimed to be privileged.
Judge Jolly wasn't happy about the presentation. He
said that he could not "access and/or manage a material portion of the
voluminous electronic In Camera Submission in the format provided by [the
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of North Carolina business law and the day-to-day practice of business
litigation in North Carolina courts.
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