Evidence Rules Advisory Committee Meets to Discuss Proposed ER 502 Today

The Advisory Committee on the Federal Rules of Evidence is meeting today and tomorrow in San Diego to discuss, among other things, the proposed Evidence Rule 502 on waiver of attorney-client privilege and work product.  The Committee must determine whether to recommend proposed Rule 502 to the Standing Committee for ultimate adoption by Congress.  Portions of the Committee’s Agenda Book for the April 12 and 13, 2007 meeting relating to proposed Rule 502 are available here:

Advisory Committee on Evidence Rules, Minutes of the Meeting of November 16, 2006 (not yet approved)

Memorandum to Advisory Committee on Evidence Rules dated March 15, 2007, Re: Proposed Rule 502: Possible Changes to Rule as Released for Public Comment

This memorandum analyzes all the colorable suggestions for change to the rule as issued for public comment.

Memorandum to Advisory Committee on Evidence Rules dated March 15, 2007, Re: Proposed Rule 502: Draft of Cover Letter to Congress

This is a draft of the cover letter to Congress that might accompany the rule.

Memorandum to Advisory Committee on Evidence Rules dated March 15, 2007, Re: Summary of Public Comments Received on the Proposed Rule 502

Memorandum dated December 24, 2006 Re: Research on State Laws on Inadvertent Disclosure of Privileged Material

This memorandum sets forth some research that was conducted after the Committee’s November 16, 2006 meeting to determine whether the federal rule on waiver that would be enacted under Rule 502 would in fact conflict with state law in a subsequent state proceeding.