Senate Judiciary Committee Passes Evidence Rule 502

The Senate Judiciary Committee approved S. 2450 without amendment.  The bill would amend the Federal Rules of Evidence to add new Evidence Rule 502. See Library of Congress. 

The legislation addresses waiver of the attorney-client privilege and work product protection and is identical to proposed language approved by the Judicial Conference of the United States and submitted to Congress for its consideration in 2007.  Any new rule of evidence requires an act of Congress to take effect.  See 28 U.S.C. § 2074(b).  New Federal Rule of Evidence 502 is expected to become law in December 2008.