April 20, 2018 Top Story

Court Compels Redacted Information as Non-Responsive

Extensive unilateral redaction of documents is not justified

Catherine M. Chiccine

Citing the potential for abuse, a court ordered a defendant to produce 600 pages of documents it had redacted as non-responsive.

According to the U.S. District Court for the Eastern District of Wisconsin, the Federal Rules of Civil Procedure do not allow wholesale redaction based on non-responsiveness. The holding signals a need to act selectively and transparently when redacting documents for production, say leaders in the ABA Section of Litigation.

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