privileged attorney-client communications rests upon doctrine (Ohio) · Go Syfert
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privileged attorney-client communications rests upon doctrine in Ohio

24 Ohio opinions name it 2 courts 1976–2026 4 in the last five years

The cases below were cited by Ohio courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (5)

CaseFollowedCited
Waldmann v. Waldmanngreen
ohio · 1976 · cited in 17 Ohio opinions naming this issue, 1983–2026
2 sentences

2026"The burden of showing that testimony sought to be excluded under the doctrine of privileged attorney-client communications rests upon the party seeking to exclude it." Waldmann v. Waldmann, 48 Ohio St.2d 176, 178 (1976); see also Total Quality Logistics, L.L.C., 2022-Ohio-1440, at ¶ 22 (12th Dist.). {¶ 42} After a review of the record, we are unconvinced that the Village Defendants - 18 - Clermont CA2025-07-056 met their burden of establishing the applicability of the attorney-client privilege for all discussions held during the executive sessions at issue.

2022See Waldmann v. Waldmann, 48 Ohio St.2d 176, 178 , 358 N.E.2d 521 (1976) (“It is well-settled that the burden of showing that testimony [or documents] sought to be excluded under the doctrine of privileged attorney-client communications rests upon the party seeking to exclude it.”).

617
Lemley v. Kaisergreen
ohio · 1983 · cited in 5 Ohio opinions naming this issue, 2004–2023
2 sentences

2022Before July 1, 2020, this provision was found in Civ.R. 26(B)(6). -7- Clermont CA2021-04-012 embarrassment, oppression, or undue burden or expense, including one that limits the scope of discovery or that orders submission of the material under seal or that protects confidential "commercial information." The burden of showing that information "sought to be excluded under the doctrine of privileged attorney-client communications rests upon the parties seeking to exclude it." Lemley v. Kaiser, 6 Ohio St.3d 258, 263-264 (1983). {¶21} "Civ.R. 37 provides a mechanism by which discovery rules can be

2018He testified that he spoke with Detective Nixon about Walls, and admitted that after speaking with Detective Nixon, he contacted Walls. {¶ 66} "The burden of showing that testimony [should] be excluded under the doctrine of privileged attorney-client communications rests upon the parties seeking to exclude it." Lemley v. Kaiser , 6 Ohio St.3d 258 , 263-264, 452 N.E.2d 1304 (1983).

35
In Re Martin, Jr.green
ohio · 1943 · cited in 6 Ohio opinions naming this issue, 1976–2019
2 sentences

2019“The burden of showing that testimony [or documents] sought to be excluded under the doctrine of privileged attorney-client communications rests upon the party seeking to exclude [them] * * *.” Waldmann v. Waldmann (1976), 48 Ohio St.2d 176, 178 , 358 N.E.2d 521 , citing In re Martin (1943), 141 Ohio St. 87, 103 , 47 N.E.2d 388 . {¶48} In support of its argument that Crow’s statement is privileged, Silco relies on the case of In re Klenmann, 132 Ohio St. 187 , 5 N.E.2d 492 (1936), where the plaintiff was injured when his car was struck by an automobile driven by the defendant on behalf of his

2019“The burden of showing that testimony [or documents] sought to be excluded under the doctrine of privileged attorney-client communications rests upon the party seeking to exclude [them] * * *.” Waldmann v. Waldmann (1976), 48 Ohio St.2d 176, 178 , 358 N.E.2d 521 , citing In re Martin (1943), 141 Ohio St. 87, 103 , 47 N.E.2d 388 . {¶48} In support of its argument that Crow’s statement is privileged, Silco relies on the case of In re Klenmann, 132 Ohio St. 187 , 5 N.E.2d 492 (1936), where the plaintiff was injured when his car was struck by an automobile driven by the defendant on behalf of his

26
Total Quality Logistics, L.L.C. v. BBI Logistics, L.L.C.green
ohioctapp · 2022 · cited in 1 Ohio opinions naming this issue, 2026–2026
1 sentence

2026"The burden of showing that testimony sought to be excluded under the doctrine of privileged attorney-client communications rests upon the party seeking to exclude it." Waldmann v. Waldmann, 48 Ohio St.2d 176, 178 (1976); see also Total Quality Logistics, L.L.C., 2022-Ohio-1440, at ¶ 22 (12th Dist.). {¶ 42} After a review of the record, we are unconvinced that the Village Defendants - 18 - Clermont CA2025-07-056 met their burden of establishing the applicability of the attorney-client privilege for all discussions held during the executive sessions at issue.

11
State Ex Rel. Fisher v. Rose Chevrolet, Inc.green
ohioctapp · 1992 · cited in 1 Ohio opinions naming this issue, 2012–2012
2 sentences

2012Fisher v. Rose Chevrolet, 82 Ohio App.3d 520, 523 , 612 N.E.2d 782, 784 (1992). {¶9} “[T]he burden of showing that testimony [or documents] sought to be excluded under the doctrine of privileged attorney-client communications rests upon the party seeking to exclude [them.]” Peyko v. Frederick, 25 Ohio St.3d 164, 166 , -7- 495 N.E.2d 918 (1986).

2012Fisher v. Rose Chevrolet, 82 Ohio App.3d 520, 523 , 612 N.E.2d 782, 784 (1992). {¶9} “[T]he burden of showing that testimony [or documents] sought to be excluded under the doctrine of privileged attorney-client communications rests upon the party seeking to exclude [them.]” Peyko v. Frederick, 25 Ohio St.3d 164, 166 , -7- 495 N.E.2d 918 (1986).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Ohio. Read the followed side critically anyway.

Also cited on this issue (8)

CaseCitedYears
Peyko v. Frederick green
ohio · 1986
2 sentences

2012Fisher v. Rose Chevrolet, 82 Ohio App.3d 520, 523 , 612 N.E.2d 782, 784 (1992). {¶9} “[T]he burden of showing that testimony [or documents] sought to be excluded under the doctrine of privileged attorney-client communications rests upon the party seeking to exclude [them.]” Peyko v. Frederick, 25 Ohio St.3d 164, 166 , -7- 495 N.E.2d 918 (1986).

2012Fisher v. Rose Chevrolet, 82 Ohio App.3d 520, 523 , 612 N.E.2d 782, 784 (1992). {¶9} “[T]he burden of showing that testimony [or documents] sought to be excluded under the doctrine of privileged attorney-client communications rests upon the party seeking to exclude [them.]” Peyko v. Frederick, 25 Ohio St.3d 164, 166 , -7- 495 N.E.2d 918 (1986).

51999–2012
Roe v. Planned Parenthood Southwest Ohio Region green
ohio · 2009
2 sentences

2020Roe v. Planned Parenthood Southwest Ohio Region, 122 Ohio St.3d 399 , 2009-Ohio-2973 , 912 N.E.2d 61, ¶ 29 ; Schlotterer at ¶ 13 . {¶18} “It is well-settled that the burden of showing that testimony sought to be excluded under the doctrine of privileged attorney-client communications rests upon the party seeking to exclude it.” Waldmann v. Waldmann, 48 Ohio St.2d 176, 178 , 358 N.E.2d 521 (1976); Moskovitz v. Mt.

2020Roe v. Planned Parenthood Southwest Ohio Region, 122 Ohio St.3d 399 , 2009-Ohio-2973 , 912 N.E.2d 61, ¶ 29 ; Schlotterer at ¶ 13 . {¶18} “It is well-settled that the burden of showing that testimony sought to be excluded under the doctrine of privileged attorney-client communications rests upon the party seeking to exclude it.” Waldmann v. Waldmann, 48 Ohio St.2d 176, 178 , 358 N.E.2d 521 (1976); Moskovitz v. Mt.

32019–2020
Hartzell v. Breneman green
ohioctapp · 2011
1 sentence

2023Lemley v. Kaiser, 6 Ohio St.3d 258, 263-64 (1983). {¶ 25} Civ.R. 26, "essentially requires the construction of a privilege log." Hartzell v. Breneman, 7th Dist. No. 10 MA 67, 2011-Ohio-2472, ¶ 19 .

12023–2023
In Re Klemann green
ohio · 1936
2 sentences

2019“The burden of showing that testimony [or documents] sought to be excluded under the doctrine of privileged attorney-client communications rests upon the party seeking to exclude [them] * * *.” Waldmann v. Waldmann (1976), 48 Ohio St.2d 176, 178 , 358 N.E.2d 521 , citing In re Martin (1943), 141 Ohio St. 87, 103 , 47 N.E.2d 388 . {¶48} In support of its argument that Crow’s statement is privileged, Silco relies on the case of In re Klenmann, 132 Ohio St. 187 , 5 N.E.2d 492 (1936), where the plaintiff was injured when his car was struck by an automobile driven by the defendant on behalf of his

2019“The burden of showing that testimony [or documents] sought to be excluded under the doctrine of privileged attorney-client communications rests upon the party seeking to exclude [them] * * *.” Waldmann v. Waldmann (1976), 48 Ohio St.2d 176, 178 , 358 N.E.2d 521 , citing In re Martin (1943), 141 Ohio St. 87, 103 , 47 N.E.2d 388 . {¶48} In support of its argument that Crow’s statement is privileged, Silco relies on the case of In re Klenmann, 132 Ohio St. 187 , 5 N.E.2d 492 (1936), where the plaintiff was injured when his car was struck by an automobile driven by the defendant on behalf of his

12019–2019
Covington v. MetroHealth System green
ohioctapp · 2002
1 sentence

2018No. 05AP-640, 2006-Ohio-1347, ¶ 13 . {¶ 11} "In Ohio, the burden of showing that testimony or documents are confidential or privileged rests upon the party seeking to exclude it." Covington v. MetroHealth Sys., 150 Ohio App.3d 558 , 2002-Ohio-6629 , ¶ 24 (10th Dist.); see also Waldmann v. Waldmann, 48 Ohio St.2d 176, 178 (1976) ("It is well-settled that the burden of showing that testimony sought to be excluded under the doctrine of privileged attorney-client communications rests upon the party seeking to exclude it.").

12018–2018
Dispatch Printing Co. v. Recovery Ltd. Partnership green
ohioctapp · 2006
1 sentence

2018No. 05AP-640, 2006-Ohio-1347, ¶ 13 . {¶ 11} "In Ohio, the burden of showing that testimony or documents are confidential or privileged rests upon the party seeking to exclude it." Covington v. MetroHealth Sys., 150 Ohio App.3d 558 , 2002-Ohio-6629 , ¶ 24 (10th Dist.); see also Waldmann v. Waldmann, 48 Ohio St.2d 176, 178 (1976) ("It is well-settled that the burden of showing that testimony sought to be excluded under the doctrine of privileged attorney-client communications rests upon the party seeking to exclude it.").

12018–2018
Boone v. Vanliner Insurance green
ohio · 2001
2 sentences

2004Co. (2001), 91 Ohio St.3d 209 , 210 , fn. 2. "`Its purpose is to encourage full and frank communication between attorneys and their clients and thereby promote broader public interests in the observance of law and administration of justice.'" Id., quoting Upjohn Co. v. United States (1981), 449 U.S. 383 , 389 , 101 S.Ct. 677 . {¶ 8} The burden of proof rests with the party asserting the existence of privilege: It is well-settled that the burden of showing that testimony sought to be excluded under the doctrine of privileged attorney-client communications rests upon the party seeking to exclude

2004Co. (2001), 91 Ohio St.3d 209 , 210 , fn. 2. "`Its purpose is to encourage full and frank communication between attorneys and their clients and thereby promote broader public interests in the observance of law and administration of justice.'" Id., quoting Upjohn Co. v. United States (1981), 449 U.S. 383 , 389 , 101 S.Ct. 677 . {¶ 8} The burden of proof rests with the party asserting the existence of privilege: It is well-settled that the burden of showing that testimony sought to be excluded under the doctrine of privileged attorney-client communications rests upon the party seeking to exclude

12004–2004
Upjohn Co. v. United States green
scotus · 1981
2 sentences

2004Co. (2001), 91 Ohio St.3d 209 , 210 , fn. 2. "`Its purpose is to encourage full and frank communication between attorneys and their clients and thereby promote broader public interests in the observance of law and administration of justice.'" Id., quoting Upjohn Co. v. United States (1981), 449 U.S. 383 , 389 , 101 S.Ct. 677 . {¶ 8} The burden of proof rests with the party asserting the existence of privilege: It is well-settled that the burden of showing that testimony sought to be excluded under the doctrine of privileged attorney-client communications rests upon the party seeking to exclude

2004Co. (2001), 91 Ohio St.3d 209 , 210 , fn. 2. "`Its purpose is to encourage full and frank communication between attorneys and their clients and thereby promote broader public interests in the observance of law and administration of justice.'" Id., quoting Upjohn Co. v. United States (1981), 449 U.S. 383 , 389 , 101 S.Ct. 677 . {¶ 8} The burden of proof rests with the party asserting the existence of privilege: It is well-settled that the burden of showing that testimony sought to be excluded under the doctrine of privileged attorney-client communications rests upon the party seeking to exclude

12004–2004

Statutes the citing opinions construe

OH § Ohio Rev. Code § 2317.02 (8) OH § Ohio Rev. Code § 2505.02 (6)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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