Archive for the 'Evidence' Category

Bill Introduced to Enact Evidence Rule 502: 12/11/07

Link to news posted on U.S. Courts Federal Rulemaking website:

On December 11, 2007, Senator Patrick Leahy, Chair of the Senate Judiciary Committee, introduced S. 2450, a bill adding new Evidence Rule 502 to the Federal Rules of Evidence. The legislation addresses waiver of the attorney-client privilege and work product protection and is identical to proposed Evidence Rule 502, which was approved by the Judicial Conference of the United States and transmitted to Congress for its consideration in September 2007.

Unlike other amendments to the federal rules of practice and procedure that take effect unless Congress acts affirmatively to modify, defer, or reject it, “[a]ny such rule creating, abolishing, or modifying an evidentiary privilege shall have no force or effect unless approved by Act of Congress.” See 28 U.S.C. ยง 2074(b).

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Revised Rule 502 on Privilege Waiver — Final Committee Version

Blog entry posted by Gregory Joseph on Complex Litigation Blog, April 16, 2007: “The meeting of the Advisory Committee on the Federal Rules of Evidence Rules has ended, and the final Committee version of Rule 502 is attached (it goes to the Standing Committee in June). Most notable: Selective waiver was broken out into a separate statute for Congress to consider for separate legislation — the Committee took no position on the merits of selective waiver. Other important changes to Rule 502: Read the rest of this entry »

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