Tag: FEDERAL RULES AMENDMENTS

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Evidence Rules Advisory Committee Approves Proposed New Evidence Rule 502, with Modifications
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Evidence Rules Advisory Committee Meets to Discuss Proposed ER 502 Today
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Public Hearing on Proposed FRE 502 Occurs Today in Phoenix
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A Complete Set Of The Pending E-Discovery Amendments
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Deadline for Comments on Proposed Evidence Rule 502 is February 15, 2007; Public Hearings to Take Place In January 2007 in New York and Phoenix
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New Evidence Rule 502 Addressing Privilege Waiver To Be Published for Public Comment in August 2006
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Following Mini-Conference, Advisory Committee Approves Proposed New FRE 502 for Publication
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United States Supreme Court Approves Electronic Discovery Amendments to FRCP
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Memorandum to Advisory Committee Members Provides Valuable Background on Proposed ER 502, and Responds to Comments Already Received
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Advisory Committee on Federal Rules of Evidence to Conduct “Mini-Conference” on Proposed Evidence Rule 502

Evidence Rules Advisory Committee Approves Proposed New Evidence Rule 502, with Modifications

From the "What’s New" section of the U.S. Courts Federal Rulemaking website, regarding the actions of the various Advisory Committees this spring: 

"At its April 12-13, 2007, meeting, the Advisory Committee on Evidence Rules considered public comments on proposed new Evidence Rule 502, which was published for comment in August 2006.  The advisory committee approved the proposed new rule, with modifications.  The advisory committee will transmit the proposed new rule to the Committee on Rules of Practice and Procedure with a recommendation that it be approved and transmitted to the Judicial Conference for its consideration."

We will post the modified Evidence Rule 502 here when it becomes available.

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.

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Public Hearing on Proposed FRE 502 Occurs Today in Phoenix

Persons interested in the proposed new federal evidence rule addressing privilege waiver will testify before the Advisory Committee on Evidence Rules today in Phoenix, Arizona. Witnesses on today’s schedule include:

  • George L. Paul of Lewis & Roca, LLP, Phoenix
  • Thomas Y. Allman of Mayer, Brown, Rowe & Maw, Chicago
  • Frank Verderame of Plattner Verderame, PC, Phoenix; appearing on behalf of his firm and the Arizona Trial Lawyers Association
  • Carol Cure, Division Counsel, Shea Homes Limited Partnership, Scottsdale
  • Patrick J. Paul of Snell & Wilmer, L.L.P., Phoenix
  • Kenneth L. Mann of Beus Gilbert PLLC, Scottsdale
  • Thomas P. Burke, II of Burke Panzarella Rich, Phoenix
  • Michael J. O’Connor of Jennings, Strouss & Salmon, PLC, Phoenix
  • Daniel J. McAuliffe of Snell & Wilmer, L.L.P., Phoenix and President-Elect of the State Bar of Arizona
  • Patrick A. Long of Long, Williamson & Delis, Santa Ana, California and President of DRI
  • Steven K. Hazen, Secretary of the Executive Committee of the State Bar of California Business Law Section, Los Angeles
  • Melissa Richards Smith, Gillam Smith, L.L.P., Marshall, Texas
  • Edward G. Hochuli of Jones, Skelton & Hochuli, Phoenix
  • Douglas L. Christian of Harper Christian Dichter Graif, P.C., Phoenix

Comments received by the Committee to date, including the prepared statements of several of the witnesses who will be testifying, may be viewed here. A second hearing is scheduled to occur in New York City on January 29, 2007.

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Deadline for Comments on Proposed Evidence Rule 502 is February 15, 2007; Public Hearings to Take Place In January 2007 in New York and Phoenix

As reported earlier, at its June 2006 meeting, the Committee on Rules of Practice and Procedure approved the recommendations of the Advisory Committee on Evidence Rules, and approved publishing for public comment proposed Evidence Rule 502 (Attorney-Client Privilege and Work Product; Limitations on Waiver). The rule has now been published for public comment, and is available here on the U.S. Court’s Federal Rulemaking website. Read More

New Evidence Rule 502 Addressing Privilege Waiver To Be Published for Public Comment in August 2006

At its June 22-23, 2006 meeting, the Committee on Rules of Practice and Procedure approved the recommendations of the Advisory Committee on Evidence Rules, and approved publishing for public comment proposed new Evidence Rule 502. The proposed new rule “opts for the middle ground” in determining whether inadvertent disclosure is a waiver, in accord with the majority view. Under the new rule, inadvertent disclosure of privileged or protected information during discovery would constitute a waiver only if the party did not take reasonable precautions to prevent disclosure and did not make reasonable and prompt efforts to rectify the error. The proposed new rule will be published for public comment in August 2006.

A copy of proposed new Evidence Rule 502 and the accompanying Committee Note is available here as an attachment to the May 15, 2006 Report of the Advisory Committee on Evidence Rules.

Following Mini-Conference, Advisory Committee Approves Proposed New FRE 502 for Publication

On Monday, April 24, 2006, the Advisory Committee on the Federal Rules of Evidence held a mini-conference on a proposed new rule concerning waiver of the attorney-client privilege and work product doctrine. The conference was held at Fordham Law School in New York City, and featured the following distinguished presenters: Read More

United States Supreme Court Approves Electronic Discovery Amendments to FRCP

On Wednesday, April 12, 2006, the United States Supreme Court approved, without comment or dissent, the entire package of proposed amendments to the Federal Rules of Civil Procedure concerning the discovery of “electronically stored information.” The package includes revisions and additions to Rules 16, 26, 33, 34, 37, and 45, as well as Form 35. The proposed amendments were transmitted to the Supreme Court last September, after the Judicial Conference unanimously approved them. Read More

Memorandum to Advisory Committee Members Provides Valuable Background on Proposed ER 502, and Responds to Comments Already Received

In advance of their April 24-25, 2006 meeting, members of the Advisory Committee on the Federal Rules of Evidence received a memorandum prepared by the Reporter (Daniel J. Capra, Reed Professor of Law, Fordham Law School) and Professor Kenneth S. Broun (University of North Carolina School of Law), a consultant to the Advisory Committee. The memorandum, available here, provides interesting background on the proposed Evidence Rule 502. The Advisory Committee has not yet taken any action on the proposed rule. Read More

Advisory Committee on Federal Rules of Evidence to Conduct “Mini-Conference” on Proposed Evidence Rule 502

On April 24, 2006, from 9 a.m. until 1 p.m., the Advisory Committee on the Federal Rules of Evidence will conduct a hearing (or “mini-conference”) on a proposed rule that would govern waiver of attorney-client privilege and work product protection. The hearing will take place at the Fordham University School of Law Amphitheater in New York City, and will consist of short statements by invited presenters, with time left for a discussion among the presenters and questions from the Committee. Interested members of the public are invited to attend the hearing and are free to attend the Committee meeting that will follow. Read More

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