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Public Law110th CongressLaw
S. 2450Became Law

A bill to amend the Federal Rules of Evidence to address the waiver of the attorney-client privilege and the work product doctrine.

This bill became law

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What it doesSummary public law (Sep 19, 2008)

(This measure has not been amended since it was introduced. The summary of that version is repeated here.)

Amends the Federal Rules of Evidence with respect to the disclosure of a communication or information covered by the attorney-client privilege and work product protection.

Provides that, when such a 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.

States that, when the disclosure is made in a federal proceeding or to a federal office or agency, it 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.

Declares that, when the disclosure is made in a state proceeding and is not the subject of a state-court order concerning waiver, it 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 waived under law of the state where the disclosure occurred.


What just happenedSep 19, 2008

Became Public Law No: 110-322.

Who’s behind it

Sen. Leahy, Patrick J. [D-VT](D-VT)Sponsor
2 cosponsors2 R
Read on Congress.gov
2cosponsors2committees25actions1related bills
  1. Sep 19, 2008PresidentE40000

    Became Public Law No: 110-322.

  2. Sep 19, 2008BecameLaw36000

    Became Public Law No: 110-322.

  3. Sep 19, 2008PresidentE30000

    Signed by President.

  4. Sep 19, 2008BecameLaw36000

    Signed by President.

  5. Sep 11, 2008FloorE20000

    Presented to President.

  6. Sep 11, 2008President28000

    Presented to President.

  7. Sep 8, 2008

    Cleared for White House.

  8. Sep 8, 2008FloorH38310

    Motion to reconsider laid on the table Agreed to without objection.

  9. Sep 8, 2008FloorH37300

    On motion to suspend the rules and pass the bill Agreed to by voice vote. (text: CR H7817)

  10. Sep 8, 2008Floor8000

    Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by voice vote.(text: CR H7817)

  11. Sep 8, 2008FloorH8D000

    DEBATE - The House proceeded with forty minutes of debate on S. 2450.

  12. Sep 8, 2008FloorH30000

    Considered under suspension of the rules. (consideration: CR H7817-7820)

  13. Sep 8, 2008FloorH30300

    Ms. Jackson-Lee moved to suspend the rules and pass the bill.

  14. Feb 28, 2008IntroReferralH11100

    Referred to the House Committee on the Judiciary.

    Judiciary Committee
  15. Feb 28, 2008Floor

    Message on Senate action sent to the House.

  16. Feb 28, 2008FloorH14000

    Received in the House.

  17. Feb 27, 2008Floor

    Passed Senate without amendment by Unanimous Consent. (consideration: CR S1317-1319; text as passed Senate: CR S1318-1319)

  18. Feb 27, 2008Floor17000

    Passed/agreed to in Senate: Passed Senate without amendment by Unanimous Consent.(consideration: CR S1317-1319; text as passed Senate: CR S1318-1319)

  19. Feb 25, 2008Calendars

    Placed on Senate Legislative Calendar under General Orders. Calendar No. 580.

  20. Feb 25, 2008Committee

    Committee on the Judiciary. Reported by Senator Leahy without amendment. With written report No. 110-264.

    Judiciary Committee
  21. Feb 25, 2008Committee14000

    Committee on the Judiciary. Reported by Senator Leahy without amendment. With written report No. 110-264.

    Judiciary Committee
  22. Jan 31, 2008Committee

    Committee on the Judiciary. Ordered to be reported without amendment favorably.

    Judiciary Committee
  23. Dec 11, 2007IntroReferral

    Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S15142)

    Judiciary Committee
  24. Dec 11, 2007IntroReferralB00100

    Sponsor introductory remarks on measure. (CR S15141-15142)

  25. Dec 11, 2007IntroReferral10000

    Introduced in Senate

Public LawSep 19, 200849

(This measure has not been amended since it was introduced. The summary of that version is repeated here.)

Amends the Federal Rules of Evidence with respect to the disclosure of a communication or information covered by the attorney-client privilege and work product protection.

Provides that, when such a 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.

States that, when the disclosure is made in a federal proceeding or to a federal office or agency, it 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.

Declares that, when the disclosure is made in a state proceeding and is not the subject of a state-court order concerning waiver, it 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 waived under law of the state where the disclosure occurred.


Passed House without amendmentSep 8, 200881

(This measure has not been amended since it was introduced. The summary of that version is repeated here.)

Amends the Federal Rules of Evidence with respect to the disclosure of a communication or information covered by the attorney-client privilege and work product protection.

Provides that, when such a 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.

States that, when the disclosure is made in a federal proceeding or to a federal office or agency, it 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.

Declares that, when the disclosure is made in a state proceeding and is not the subject of a state-court order concerning waiver, it 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 waived under law of the state where the disclosure occurred.

Passed Senate without amendmentFeb 27, 200882

(This measure has not been amended since it was introduced. The summary of that version is repeated here.)

Amends the Federal Rules of Evidence with respect to the disclosure of a communication or information covered by the attorney-client privilege and work product protection.

Provides that, when such a 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.

States that, when the disclosure is made in a federal proceeding or to a federal office or agency, it 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.

Declares that, when the disclosure is made in a state proceeding and is not the subject of a state-court order concerning waiver, it 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 waived under law of the state where the disclosure occurred.

Reported to Senate without amendmentFeb 25, 200880

(This measure has not been amended since it was introduced. The summary of that version is repeated here.)

Amends the Federal Rules of Evidence with respect to the disclosure of a communication or information covered by the attorney-client privilege and work product protection.

Provides that, when such a 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.

States that, when the disclosure is made in a federal proceeding or to a federal office or agency, it 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.

Declares that, when the disclosure is made in a state proceeding and is not the subject of a state-court order concerning waiver, it 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 waived under law of the state where the disclosure occurred.

Introduced in SenateDec 11, 200700

Amends the Federal Rules of Evidence with respect to the disclosure of a communication or information covered by the attorney-client privilege and work product protection.

Provides that, when such a 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.

States that, when the disclosure is made in a federal proceeding or to a federal office or agency, it 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.

Declares that, when the disclosure is made in a state proceeding and is not the subject of a state-court order concerning waiver, it 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 waived under law of the state where the disclosure occurred.