Privilege

What privilege means

In short, privilege is a term you will meet in court papers, rules and legal research. The definition above gives its usual meaning in American civil practice. However, the exact meaning can depend on the rule, statute or court decision that uses it. So it helps to read the term in context.

Where privilege comes up

For example, the term appears in these procedures:

• Motion for a Protective Order (Fed. R. Civ. P. 26(c)): a request that the court, for good cause, protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense in discovery.

How to research the term

Start with the primary source. For example, if privilege appears in a federal rule, read the rule itself and its official notes. After that, check your court’s local rules and any standing orders from the judge. In addition, search recent decisions from your own state or federal district. They show how courts read privilege in practice. Because state rules often differ, our state procedures guide links to each state’s official rules. Above all, make sure the version you read is still in force.

You can read the official rule text online for free.

Related legal terms

• Protective order: a court order limiting discovery to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense.
• Attorney-client privilege: a privilege that generally protects confidential communications between a lawyer and client made to obtain or give legal advice. Its scope is defined by the law that applies.
• Work product: materials prepared in anticipation of litigation or for trial, which receive protection from discovery under Federal Rule of Civil Procedure 26(b)(3).
• Meet and confer: a required good-faith attempt by the parties to resolve a dispute before asking the court to decide it.

Why precise terms matter

Courts read legal terms closely. As a result, knowing the exact meaning of a word helps you follow orders, rules and filings. Each glossary entry on Lawtopolis is short on purpose and links to the pages where the term is used.