Advisory Committee Modifies Proposed Evidence Rule 502 In Light of Public Comment Received, and Recommends Approval by Standing Committee
On May 15, 2007, the Advisory Committee on Evidence Rules issued its Report to the Standing Committee regarding its April 2007 meeting and its recommendations with respect to proposed Evidence Rule 502 on Waiver of Attorney-Client Privilege and Work Product. (The 83-page Report is available here.) The Report states that, at the April 2007 meeting, the Committee carefully considered all of the public comment received on the proposed rule, as well as other issues raised by members of the Committee. As a result, the Committee made a number of changes to the version of proposed Rule 502 that was issued for public comment. This new modified version of proposed Evidence Rule 502 is available here. The Committee’s post-publication modifications to the proposed rule include the following:
1. Changes were made by the Style Subcommittee of the Standing Committee, both to the text as issued for public comment, and to the changes to the rule made at the April 2007 Evidence Rules Committee Hearing.
2. The text was clarified to indicate that the protections of Rule 502 apply in all cases in federal court, including cases in which state law provides the rule of decision.