Rule 5.5. Privilege
(1) Information withheld. When a party withholds information otherwise discoverable by claiming that the information is privileged or subject to protection as trial preparation material, the party shall:
a. Expressly make the claim; and
b. Describe the nature of the documents, communications, or tangible things not produced or disclosed and do so in a manner that, without revealing information itself privileged or protected, will enable other parties to assess such claim.
(2) Information produced. If information produced in discovery is subject to a claim of privilege or of protection as trial preparation material, the party making the claim may notify any party that received the information of the claim and the basis for it. The producing party shall preserve the information until the claim is resolved. After being notified, a party:
a. Shall promptly return, sequester, or destroy the specified information and any copies thereof;
b. Shall not use or disclose the information until the claim is resolved;
c. Shall take reasonable steps to retrieve the information if the party disclosed it before being notified; and
d. May promptly present the information to the court for in camera review for determination of the claim.
Adopted effective June 4, 2015.