Bankruptcy

Senate Passes Evidence Rule 502: 2/27/08

By J. Michael McBride

On February 27, 2008, the Senate approved by unanimous consent without amendment S. 2450, a bill adding new Evidence Rule 502 to the Federal Rules of Evidence. See Sen. Rept. No. 110-264.

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).

This provision makes it harder for the attorney client privilege and the work product protection to be waived. It must pass the House and be signed by the President before it becomes law.
In Addition,

Standing Rules Committee Approved Proposed Rules Amendments for Publication

At its January 14-15, 2008, meeting, the Committee on Rules of Practice and Procedure adopted the recommendations of the Advisory Committees on Appellate, Bankruptcy, and Criminal Rules and approved publishing for public comment the following proposed rules amendments:

• Appellate Rule 29 (consistent with revised Supreme Court Rule 37.6 on amicus briefs);
• Bankruptcy Rules 1007 (shortens time for debtor to file list of creditors), 1019 (provides new time period to object to claim of exemption), 4004 (several changes regarding a new time to file motions under Rule 7001, a conforming amendment to Rule 7001, and the withholding of a discharge if debtor has not filed statement of completing a financial management course); and
• Criminal Rules 5, 12.3, and 21 (implements the Crime Victims' Rights Act)

The proposed amendments, which are expected to be published in August 2008, will be posted at http://www.uscourts.gov/rules/newrules1.htm.
Appellate Rule 29: http://www.uscourts.gov/rules/proposed0807/AP_TC_Memo_5_25_07.pdf
Bankruptcy Rules: http://www.uscourts.gov/rules/proposed0807/BK_TC_Memo_5_8_07.pdf
Civil Procedure Rules: http://www.uscourts.gov/rules/proposed0807/CV_TC_Memo_5_25_07.pdf
Criminal Rules: http://www.uscourts.gov/rules/proposed0807/CR_TC_Memo_5_19_07.pdf

Chandra

Full post as published by Texas Lawyer Blog on March 04, 2008 (boomark / email).