A bill to amend the Federal Rules of Evidence to address the waiver of the attorney-client privilege and the work product doctrine.

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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Sponsor

• Sen. Patrick Leahy [D, VT]
• and 2 Co-Sponsors
  • Sen. Lindsey Graham [R, SC]
  • Sen. Arlen Specter [D, PA]
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Committees

• House Judiciary
• 1 more
  • Senate Judiciary
  close

Amendments

This bill has no amendments.

Amendments to S.2450

Number	Status	Purpose

Bill Status

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Introduced		Voted on by Senate		Voted on by House		Considered By President		This Bill Has Become Law
December 11, 2007		February 27, 2008		September 08, 2008		September 19, 2008		September 19, 2008

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All Bill Actions

• Signed on Sep 19, 2008.
• Enacted on Sep 19, 2008. Became Public Law No: 110-322.
• Sep 11, 2008. Presented to President.
• Passed by voice vote in the House on Sep 08, 2008. On motion to suspend the rules and pass the bill Agreed to by voice vote.
• Sep 08, 2008: Considered under suspension of the rules.
• Sep 08, 2008: DEBATE - The House proceeded with forty minutes of debate on S. 2450.
• Sep 08, 2008: Ms. Jackson-Lee moved to suspend the rules and pass the bill.
• Sep 08, 2008. Cleared for White House.
• Feb 28, 2008: Received in the House.
• Feb 28, 2008: Message on Senate action sent to the House.
• Feb 28, 2008: Referred to the House Committee on the Judiciary.
• Passed by Unanimous Consent in the Senate on Feb 27, 2008. Passed Senate without amendment by Unanimous Consent.
• Feb 25, 2008: Committee on the Judiciary. Reported by Senator Leahy without amendment. With written report No. 110-264.
• Added to calendar on Feb 25, 2008: Placed on Senate Legislative Calendar under General Orders. Calendar No. 580..
• Jan 31, 2008: Committee on the Judiciary. Date of scheduled consideration. SD-226. 10:00 a.m.
• Jan 31, 2008: Committee on the Judiciary. Ordered to be reported without amendment favorably.
• Added to calendar on Jan 31, 2008: Committee on the Judiciary. Ordered to be reported without amendment favorably..
• Introduced on Dec 11, 2007.
• Dec 11, 2007: Read twice and referred to the Committee on the Judiciary.
• Dec 11, 2007: Sponsor introductory remarks on measure. (CR S15141-15142)

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Related Bills:

• H.R.6610

Related Issue Areas:

• Law
• Attorney-client privilege
• Evidence (Law)
• State and local government
• 2 more
• State courts
• State laws

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In the News

February 13, 2008 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. ...

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Source: Brooklyn Daily Eagle, NY

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December 17, 2007 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 ...

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Source: Point of Law, NY

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December 13, 2007 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 ...

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Source: The BLT, DC

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Blog Coverage

November 26, 2008 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. ...

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Source: PointOfLaw Forum

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November 25, 2008 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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Source: Trans Loop Directory

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November 19, 2008 Law Bites » "Soul Train" Host Faces Domestic Violence and Other ...

"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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Source: Law Bites

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