8. Other elements

The Ninth Circuit does not require that any other elements be met in order to overcome a valid assertion of the reporter's privilege. See Shoen II, 48 F.3d at 416 (reversing a contempt citation against a defendant who refused to produce materials pursuant to a discovery request in the underlying defamation lawsuit, the court held that a party trying to overcome the reporter's privilege must show that the material is: (1) unavailable despite exhaustion of all reasonable sources; (2) non-cumulative; and (3) clearly relevant to an important issue in the case). Some district courts, however, have applied a slightly different test when deciding whether the privilege can be overcome. This test requires: (1) that the information is of certain relevance; (2) that there is a compelling reason for the disclosure; (3) that other means of obtaining information have been exhausted; and (4) that the information sought goes to the heart of the seeker's case. See Los Angeles Memorial Coliseum Comm'n, 89 F.R.D. at 494; see also In re Christian Life Ctr. v. United States Bankr. Court, 23 B.R. 770, 771 (9th Cir. 1982) (reversing and remanding the case to the trial court with instructions to vacate the contempt citation against the plaintiff because the defendant had not satisfied the standards set forth in Los Angeles Memorial Coliseum Comm'n).