Thursday, September 18, 2008

New Rule 502 to be included in Federal Rules of Evidence

On September 8, 2008, the House of Representatives passed S. 2450, a bill adding a new Rule 502 to the Federal Rules of Evidence. The Senate had earlier approved the bill. The bill has been forwarded to the President and now awaits the President's signature.

The legislation, which protects against inadvertent waiver of the attorney-client privilege and also provides work product protection, is identical to the version of the rule approved by the Judicial Conference of the United States. The Judicial Conference transmitted the proposed rule to Congress in September 2007.

Hat tip to Electronic Discovery Law.