Electronic Discovery Law
President Bush Signs into Law S. 2450, a Bill Adding New Rule 502 to the Federal Rules of Evidence
On Friday, September 19, 2008, the President signed into law S. 2450, a bill adding new Evidence Rule 502 to the Federal Rules of Evidence. The legislation protects against the inadvertent waiver of the attorney-client privilege or the work product protection. S. 2450 is identical to proposed Evidence Rule 502, as approved by the Judicial Conference of the United States in September 2007.
Now that the bill has been signed by the President, it has been assigned Public Law Number 110-322 by the Office of the Federal Register. Next, OFR editors will prepare it for publication as a Slip Law, and then include it in the next edition of the United States Statutes at Large.
Public Law No. 110-322 is available here.
New Evidence Rule 502 will apply in all proceedings commenced after the date of enactment and, insofar as is just and practicable, in all proceedings pending on such date of enactment.
Additional information about the legislation may be found on the Library of Congress "Thomas" website, at http://www.govtrack.us/congress/bill.xpd?bill=s110-2450, and on the U.S. Courts' Federal Rulemaking website.
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