In handling redaction of confidential or privileged information in documents offered into evidence, which practice is correct?

• A. Redact privileged or confidential material and ensure the redacted version remains interpretable; disclose the redaction basis on the record as needed.
• B. Redact nothing and present the full document.
• C. Remove the document from evidence entirely.
• D. Redact only the dates.

Answer: (A)

Protecting confidential or privileged material while keeping the evidentiary value of a document is about redacting the sensitive parts and leaving the rest readable. The correct approach is to redact the privileged or confidential material and ensure the redacted version remains interpretable, so the court can still understand the document’s relevance without exposing protected information. If needed, you should disclose the basis for the redactions on the record, or provide a privilege log, so the court and opposing counsel can assess the scope and legitimacy of the redactions. This approach balances disclosure and protection, avoiding unnecessary exposure of privileged content while preserving the document’s usefulness in the case. Redacting nothing would reveal protected information; removing the document entirely loses potentially useful evidence; and redacting only dates does not address the broader need to protect confidential material.