(a) If papers, books, documents or electronically stored information produced in discovery are 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 the claim.
Section 13-33.Claim of Privilege or Protection after Production
Current through August 12, 2025 (2026 Practice Book edition) · Last verified July 9, 2026
In one sentenceThis is Connecticut’s claw-back rule for inadvertently produced privileged material, letting a party notify others of a privilege claim after production and requiring the receiving party to sequester and return, destroy, or submit the material for a ruling.
Full Text of Section 13-33
(b) After being notified of a claim of privilege or of protection under subsection (a), a party shall immediately sequester the specified information and any copies it has and: (1) return or destroy the information and all copies and not use or disclose the information until the claim is resolved; or (2) present the information to the judicial authority under seal for a determination of the claim and not otherwise use or disclose the information until the claim is resolved.
(c) If a party that received notice under subsection (b) disclosed the information subject to the notice before being notified, the party shall take reasonable steps to retrieve the information.
Amendment History
(Adopted June 20, 2011, to take effect Jan. 1, 2012.) Sec. of Bankruptcy Program by Reason of Bankruptcy General Statutes § 4-183 et seq.; Appearances; Records, Briefs and Scheduling Historic and Resource Protection Agencies; Records, Briefs and Scheduling; Withdrawal or Settlement For previous Histories and Commentarie corresponding to the years o
Plain-English Summary
Section 13-33 addresses what happens when privileged or trial-preparation material is produced in discovery and the producing party later asserts a claim of privilege or protection over it. The producing party may notify any party that received the information of the claim and the basis for it. Once notified, the receiving party must immediately sequester the specified information and any copies, and then either return or destroy the information and all copies without using or disclosing it until the claim is resolved, or present the information to the judicial authority under seal for a ruling on the claim, again without using or disclosing it in the meantime. If the receiving party had already disclosed the information to someone else before getting notice of the claim, that party must take reasonable steps to retrieve it.
Frequently Asked Questions
What is the claw-back rule for privileged documents in Connecticut?
Section 13-33 lets a party notify anyone who received privileged or trial-preparation material that was produced in discovery of a claim of privilege or protection, along with the basis for the claim.
What must a party do after receiving a claw-back notice?
The receiving party must immediately sequester the information and any copies, and either return or destroy them without using or disclosing the material, or submit the information to the court under seal for a ruling, all while not using or disclosing it until the claim is resolved.
What if I already shared the document with someone else before getting the notice?
The section requires the receiving party to take reasonable steps to retrieve the information from anyone it was disclosed to before the notice arrived.
Does this section decide whether the privilege claim is valid?
No. It sets the sequestration and retrieval process; a party presenting the information to the judicial authority under seal is seeking a determination of the claim, but the text of this section does not itself state the standard for resolving it.
Source & verification. The section text is reproduced verbatim from the
official Connecticut Practice Book (Conn. Practice Book § 13-33). Prescribed by the Judges of the Superior Court of Connecticut (Conn. Gen. Stat. Section 51-14). The plain-English summary is original and written by us. Last verified July 9, 2026. ·
Official source
Also known as: claw back privileged document after production CTinadvertent disclosure privileged material Connecticutclawback rule discovery CTsequester privileged information after productionreturning privileged documents Connecticut discovery