U.S. Congress - S.2450 A bill to amend the Federal Rules of Evidence to address the waiver of the attorney-cli...
S.2450 - A bill to amend the Federal Rules of Evidence to address the waiver of the attorney-client privilege and the work product doctrine.
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- Official: A bill to amend the Federal Rules of Evidence to address the waiver of the attorney-client privilege and the work product doctrine. as introduced.
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Official Summary
9/19/2008--Public Law. (This measure has not been amended since it was introduced. The summary of that version is repeated here.) Amends the Federal Rules of Evidence with respect to the disclosure of a communication or information covered by the attorney-client privilege and work productOfficial Summary
9/19/2008--Public Law. (This measure has not been amended since it was introduced. The summary of that version is repeated here.) Amends the Federal Rules of Evidence with respect to the disclosure of a communication or information covered by the attorney-client privilege and work product protection. Provides that, when such a disclosure is made in a federal proceeding or to a federal office or agency, and waives the attorney-client privilege or work-product protection, the waiver extends to an undisclosed communication or information in a federal or state proceeding only if:(1) the waiver is intentional;
(2) the disclosed and undisclosed communications or information concern the same subject matter; and
(3) they ought in fairness to be considered together. States that, when the disclosure is made in a federal proceeding or to a federal office or agency, it does not operate as a waiver in a federal or state proceeding if:
(1) the disclosure is inadvertent;
(2) the holder of the privilege or protection took reasonable steps to prevent disclosure; and
(3) the holder promptly took reasonable steps to rectify the error. Declares that, when the disclosure is made in a state proceeding and is not the subject of a state-court order concerning waiver, it does not operate as a waiver in a federal proceeding if the disclosure:
(1) would not be a waiver under this rule if it had been made in a federal proceeding; or
(2) is not waived under law of the state where the disclosure occurred.
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Recent News Coverage
Local Support for Federal Rule 502
... expressing the bar association’s support for the proposed legislation (S. 2450), which would add Rule 502 to the Federal Rules of Evidence. ...
Bipartisan legal reform bill in the Senate
S. 2450, introduced by Sens. Leahy and Specter, would implement a new Federal Rule 502, establishing a presumption for the return of inadvertently produced ...
Voyage of Discovery
introduced a bill (S. 2450) on Tuesday that would help minimize the costly and cumbersome process of guarding against the inadvertent release of privileged ...
Recent Blog Coverage
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PointofLaw.com | PointOfLaw Forum: Trial lawyer lobbying: Let the ...
Bills relating to the operation of federal and/or state courts: S. 2450 now Public Law 110-322; to amend the Federal Rules of Evidence to address the waiver of the attorney-client privilege and the work product doctrine. ...
Trans Loop Directory: Trans Loop Directory
Podcast of Select Rules Proceedings - Nov 26, 2008; Civil Rules Hearing and Appellate Rules Meeting - Nov 26, 2008; Criminal and Evidence Rules Meetings - Oct 27, 2008; President Signs S.2450 - Sep 18, 2008; Rules Published for Comment ...
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"Human drama fills case called landmark on Internet" · President Bush Signs into Law S. 2450, a Bill Adding New Rule 502 to the Federal Rules of Evidence · 365. Incoherence watch · Drug Can Repair Brain Tissue After A Stroke
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