Rule 5. DISCOVERY IN CIVIL ACTIONS · Last amended 2015 · Last verified July 17, 2026
In one sentenceRule 5.5 requires a Georgia party withholding discoverable material as privileged or trial-preparation material to expressly claim it and describe it enough for others to evaluate the claim, and requires a party who receives material later claimed privileged to return or sequester it, stop using it, and try to retrieve any copies already shared once notified.
(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.
Plain-English Summary
Rule 5.5 covers both ends of a privilege dispute in discovery. When a party holds back material it believes is privileged or protected trial-preparation work, it can’t just stay silent about it — the party must expressly claim the privilege and describe the withheld documents, communications, or things well enough for the other side to evaluate the claim, without giving away the content the privilege protects.
The second half handles what happens when privileged material slips through and gets produced. The party asserting privilege can notify anyone who received the material of the claim and its basis, and must preserve the information until the dispute is resolved. Once notified, the receiving party has to act: return, sequester, or destroy the material and any copies, stop using or disclosing it while the claim is pending, and take reasonable steps to pull back anything already shared with someone else before the notice arrived.
If the parties can’t resolve the dispute on their own, the rule offers a release valve — but only to the party that received the material. Once notified of the privilege claim, that receiving party may promptly bring the material to the court for an in camera review, letting a judge examine it privately and decide whether the privilege claim holds up.
Frequently Asked Questions
What must a party do when withholding information as privileged?
Expressly make the claim and describe the nature of the withheld documents, communications, or things in a way that lets other parties assess the claim without revealing the privileged content itself.
What happens when privileged information is accidentally produced to the other side?
The producing party may notify the receiving party of the claim and its basis, and must preserve the information until the claim is resolved.
What must a receiving party do once notified that produced material is claimed to be privileged?
Promptly return, sequester, or destroy the specified information and any copies, stop using or disclosing it until the claim is resolved, and take reasonable steps to retrieve it if it was already disclosed to someone else.
Can a party challenge a privilege claim over material that was produced?
Yes, but only the party that received the material. Once notified of the claim, that receiving party may promptly present the information to the court for in camera review to determine the claim.
Can the receiving party keep using the disputed material while the privilege claim is pending?
No. The rule requires the receiving party to hold off on using or disclosing the information until the claim is resolved.
Amendment History
Adopted effective June 4, 2015.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Uniform Superior Court Rules, published by the
Council of Superior Court Judges of Georgia. Last verified July 17, 2026.
· Official source
Also known as:georgia discovery privilege log requirementsUSCR 5.5 privilege ruleclawback privileged document georgia discoveryin camera review privilege georgia superior courtinadvertent disclosure privileged information georgia rule