Legal process privileges: law enforcement records, deliberative process, settlement discussions

• Author: Joseph A. Ranney
• Pages: 197-208

LEGAL PROCESS PRIVILEGES

11-1

CHAPTER 11

LEGAL PROCESS PRIVILEGES:

Law Enforcement Records, Deliberative Process, Settlement Discussions

§11:01 Introduction

[§§11:02-11:09 Reserved]

I. THE PRIVILEGE FOR LAW ENFORCEMENT RECORDS

§11:10 Nature of the Privilege

§11:11 Balancing Test

[§§11:12-11:19 Reserved]

II. THE DELIBERATIVE PROCESS PRIVILEGE

§11:20 Nature of the Privilege

§11:21 Applies to Pre-Decisional Events Only

§11:22 Exceptions to the Privilege

§11:23 Balancing Test

[§§11:24-11:29 Reserved]

III. THE PRIVILEGE FOR SETTLEMENT DISCUSSIONS

§11:30 Nature of the Privilege

§11:31 Does the Privilege Apply in Criminal as Well as Civil Cases?

§11:32 When Is an Offer a Settlement Offer?

§11:33 Offeror’s Attempt to Introduce Evidence of Settlement Offer

[§§11:34-11:39 Reserved]

IV. ASSERTING LEGAL PROCESS OBJECTIONS DURING A DEPOSITION

§11:40 Objections: Legal Process Privileges

§11:41 Instructing Witness Not to Answer: Law-Enforcement-Record Privilege

§11:42 Instructing Witness Not to Answer: Deliberative Process Privilege

§11:43 Instructing Witness Not to Answer: Settlement Discussion Privilege

§11:44 How to Resolve Disputes Over Legal Process Objections

V. FORMS AND CHECKLISTS

Form 11-1 Checklist: Legal Process Objections