![]() To the same effect, if a confidentiality order has been entered, redaction for confidentiality is generally prohibited. Redaction of information from a discoverable document – – simply because a portion is irrelevant or non-responsive – – is generally not permitted. ![]() “It is a rare document that contains only relevant information.” Bartholomew v. MOST COURTS REJECT RELEVANCE & CONFIDENTIALITY REDACTIONSĪ body of case law limits the right to redact for reasons other than privilege or work product. The situation with redaction of other information from discoverable documents may be a bit less clear. It is well-established that redaction of privileged information is permissible, with a requirement that the redaction be visually obvious and often disclosed in a redaction or privilege log. However, there are also substantive legal principles that govern – – and limit – – redaction. Much has been written about “ Embarrassing Redaction Failures” and the technological aspects of that process. ![]() See Redacting Definition & Meaning – Merriam-Webster. Redaction is the process of removing text from a discoverable document prior to its disclosure. The next best practice would be to file for a protective order permitting such redactions. If a party foresees the need to redact irrelevant or confidential information from an otherwise discoverable document, the best practice would be to negotiate a stipulated agreement permitting such redaction. 26(f) conference of the parties where appropriate. This blog focuses on: authorities denying permission to redact irrelevant information from discoverable documents a minority view to the contrary and, a proposed solution using a Fed.R.Civ.P.
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