What is the burden on a party claiming the protection of privilege to establish the facts that are essential elements of the privileged relationship?

MultiRegion, United States of America

The following excerpt is from Grand Jury Subpoena Dated Jan. 4, 1984, In re, 750 F.2d 223 (2nd Cir. 1984):

It is axiomatic that the burden is on a party claiming the protection of a privilege to establish those facts that are the essential elements of the privileged relationship, United States v. Stern, 511 F.2d 1364,

Page 225

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