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.110th Congress (2007-2008)
|Sponsor:||Sen. Leahy, Patrick J. [D-VT] (Introduced 12/11/2007)|
|Committees:||Senate - Judiciary | House - Judiciary|
|Committee Reports:||S. Rept. 110-264|
|Latest Action:||09/19/2008 Became Public Law No: 110-322. (TXT | PDF) (All Actions)|
This bill has the status Became Law
Here are the steps for Status of Legislation:
- Passed Senate
- Passed House
- To President
- Became Law
Summary: S.2450 — 110th Congress (2007-2008)All Bill Information (Except Text)
Public Law No: 110-322 (09/19/2008)
(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.