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Senate Judiciary Committee Passes Evidence Rule 502

By A. Benjamin Spencer

On January 31, 2008, the Senate Judiciary Committee approved without amendment S. 2450, a bill adding new Evidence Rule 502 to the Federal Rules of Evidence. See:

http://thomas.loc.gov/cgi-bin/bdquery/z?d110:SN02450:@@@L&summ2=m&.

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. § 2074(b).

Full post as published by Federal Civil Practice Bulletin on February 13, 2008 (boomark / email).