Privileges

Front 1

Rule 501 Title

Back 1

Privilege in General

Front 2

Rule 501. Privilege in General

Back 2

The common law

— as interpreted by United States courts

-governs a claim of privilege unless any of the following provides otherwise:

•the United States Constitution;
•a federal statute; or
•rules prescribed by the Supreme Court

Front 3

501 Exception (civil)

Back 3

But in a civil case, state law governs privilege regarding a claim or defense for which state law supplies the rule of decision

Front 4

Rule 502 Title

Back 4

Attorney-Client Privilege and Work Product; Limitations on Waiver

Front 5

502(a) Scope

Back 5

(a) Disclosure Made in a Federal Proceeding or to a Federal Office or Agency; Scope of a Waiver.

Front 6

502(a) Rule Stmt

Back 6

When the disclosure is made in a federal proceeding or to a federal office or agency and waives the attorney-client privilege or work-product protection, the waiver extends to an undisclosed communication or information in a federal or state proceeding only if:

(1) the waiver is intentional;

(2) the disclosed and undisclosed communications or information concern the same subject matter; and

(3) they ought in fairness to be considered together.

Front 7

502(b) Rule Stmt

Back 7

(b) Inadvertent Disclosure. When made in a federal proceeding or to a federal office or agency, the disclosure does not operate as a waiver in a federal or state proceeding if:

(1) the disclosure is inadvertent;

(2) the holder of the privilege or protection took reasonable steps to prevent disclosure; and

(3) the holder promptly took reasonable steps to rectify the error, including (if applicable) following Federal Rule of Civil Procedure 26 (b)(5)(B).

Front 8

502(c) Rule Stmt

Back 8

(c) Disclosure Made in a State Proceeding. When the disclosure is made in a state proceeding and is not the subject of a state-court order concerning waiver, the disclosure does not operate as a waiver in a federal proceeding if the disclosure:

(1) would not be a waiver under this rule if it had been made in a federal proceeding; or

(2) is not a waiver under the law of the state where the disclosure occurred

Front 9

“attorney-client privilege” means

Back 9

the protection that applicable law provides for confidential attorney-client communications

Front 10

“work-product protection” means

Back 10

the protection that applicable law provides for tangible material (or its intangible equivalent) prepared in anticipation of litigation or for trial.

Front 11

501 Title

Back 11

Privileges in general - common law governs privileges

Front 12

In civil cases

Back 12

state law governs where the state supplies the rules of decision.

Front 13

502 Title

Back 13

Attorney client privilege