Senate Passes Proposed Evidence Rule 502

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.  The bill now goes on to be voted on in the House of Representatives. 

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.

On February 25, 2008, the Senate Judiciary Committee had reported favorably on the bill.  See Sen. Rept. No. 110-264.

Additional information about the legislation may be found on the Library of Congress "Thomas" website, and at

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