S. 2450 · 110th Congress
A bill to amend the Federal Rules of Evidence to address the waiver of the attorney-client privilege and the…
Full title
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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Became law without a recorded vote. It passed by voice vote or unanimous consent, which don't record how each member voted.
D
LeahySponsor2 cosponsors · 2 R
1 signed on when it was introduced; the rest joined later. Cosponsors who withdrew aren't shown.
- Senate Introduced Dec 11, 2007
- Senate Passed Feb 27, 2008
- House Passed Sep 8, 2008
- President To the President Sep 11, 2008
- President Signed Sep 19, 2008
- Law Sep 19, 2008
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.
What it does: CRS summary · Public Law · Sep 19, 2008
(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.
Written by the nonpartisan Congressional Research Service. All summary versions on Congress.gov
About this bill and sources
Official title: A bill to amend the Federal Rules of Evidence to address the waiver of the attorney-client privilege and the work product doctrine.
Latest action (Sep 19, 2008): Became Public Law No: 110-322.
Policy area: Law · Origin: Senate · Introduced: Dec 11, 2007
Official page on Congress.gov · Bill text (GovInfo) · Status record (XML)
- Senate Introduced Dec 11, 2007
- Senate Passed Feb 27, 2008
- House Passed Sep 8, 2008
- President To the President Sep 11, 2008
- President Signed Sep 19, 2008
- Law Sep 19, 2008
No recorded floor vote found.