Be Careful Before Going Paperless For An In Camera Review

Be Careful Before Going Paperless For An In Camera Review

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 defendant]." Order at 1.

Read this article in its entirety on North Carolina Business Litigation Report, a blog for lawyers focusing on issues of North Carolina business law and the day-to-day practice of business litigation in North Carolina courts.

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