§ 5:34 Waiver of Privilege — Inadvertent or Involuntary Disclosure
Federal Evidence § 5:34 (4th ed., 2013)
16 Pages Posted: 12 Jun 2014
Date Written: 2013
In their first twenty years (1975-1995), the federal rules of evidence changed little. However, changes have accelerated since 1993, with creation of the Evidence Rules Advisory Committee which meets regularly and proposes changes to the rules almost every year. One change, which grew out of the work of a special committee, was the addition of an entirely new provision, Rule 502, which governs waiver of attorney-client privilege. This rule became law in 2008 through congressional enactment (privilege rules must be passed by Congress in order to take effect). Sections 5:34 discusses this new provision. Under "Privileges: Rule 501,"section 5:34 discusses waiver by inadvertent or involuntary disclosure.
Keywords: federal rules of evidence, Rule 502, waivers, limitations, attorney-client privilege, forensic laboratory reports
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