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B. Procedure for Resolving Claims of Privilege or Other Protection Against Discovery with the Court

  1. EVIDENCE REQUIRED. A party asserting a privilege or other protection against discovery normally has the obligation to establish, by affidavit of a competent witness or other evidence, all facts essential to the establishment of the privilege or protection. The attorney asserting the privilege or other protection against discovery should also file a memorandum of law specifically defining the privilege or protection being asserted and citing relevant legal authority.
     
  2. AFFIDAVITS. Any affidavits used to support a claim of privilege or other protection against discovery should be tested by the rules of evidence. 
     
  3. IN CAMERA REVIEW. Documents or other privileged information should not be furnished to the Court for in camera review without prior court approval.