Which item is exempt from disclosure in discovery because it is privileged information?

• A. Privileged information
• B. Non-privileged but relevant information
• C. Public records
• D. Publicly available contracts

Answer: (A)

Privilege shields certain communications from disclosure in discovery. When information is protected by a recognised privilege—such as attorney-client communications or work-product materials created in anticipation of litigation—it does not have to be turned over, even if it is relevant. The critical point is that being privileged makes something exempt from discovery. In contrast, information that is non-privileged but relevant must generally be disclosed, public records are usually discoverable subject to privacy rules, and publicly available contracts are typically discoverable if relevant unless there’s a separate exemption. So the item exempt from disclosure simply because it is privileged is the privileged information itself.