Proposed Legislation Adopting Federal Rule of Evidence 502

The Judicial Conference’s Committee on Rules of Practice and Procedure submitted its proposed Federal Rule of Evidence 502 dealing with “Attorney-Client Privilege and Work Product; Limitations on Waiver” to the House and Senate Judiciary Committees.  See S. 2450.

After receiving the proposed rule from the Judicial Conference’s Rules Committee, the Senate Judiciary Committee asked the ABA for its view on the proposed rule. After conferring with the leaders of the ABA Litigation Section (principal sponsor of the ABA main policy on FRE 502(b)) and a subcommittee of the ABA Task Force on Attorney-Client Privilege, the ABA submitted a letter to the Senate Judiciary Committee on December 7 endorsing proposed FRE 502. See ABA Letter to SJC re 502The ABA Litigation Section sent supplemental letters in support of legislation to implement proposed FRE 502 to the Senate and House Judiciary Committees on December 10. Several other coalition groups, including ACC and the U.S. Chamber of Commerce, also submitted separate letters to Congress endorsing the legislation.

After receiving this substantial input, Senators Leahy and Specter introduced legislation on December 11, 2007, S. 2450, which would adopt proposed FRE 502 as submitted by the Judicial Conference’s Rules Committee. A copy of S. 2450 is attached. It is expected that the legislation will advance following the current recess of Congress, though it is unknown whether the Senate will hold hearings or vote on the bill without hearings.


Leave a Reply

Fill in your details below or click an icon to log in: Logo

You are commenting using your account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: