3.0.0 2450 2023-11-13T20:31:17Z 2023-11-13T20:31:17Z Senate S S 2007-12-11 110 hsju00 Judiciary Committee House Standing Referred to 2008-02-28T20:23:13Z ssju00 Judiciary Committee Senate Standing Reported by 2008-02-25T22:16:21Z Markup by 2008-01-31T22:50:40Z Referred to 2007-12-11T22:32:45Z S. Rept. 110-264 To amend the Federal Rules of Evidence to address the waiver of the attorney-client privilege and the work product doctrine. 110 6610 HR 2008-07-24 Referred to the House Committee on the Judiciary. Identical bill CRS 2008-09-19 Became Public Law No: 110-322. President E40000 2 House floor actions 2008-09-19 Became Public Law No: 110-322. BecameLaw 36000 9 Library of Congress 2008-09-19 Signed by President. President E30000 2 House floor actions 2008-09-19 Signed by President. BecameLaw 36000 9 Library of Congress 2008-09-11 Presented to President. Floor E20000 2 House floor actions 2008-09-11 Presented to President. President 28000 9 Library of Congress 2008-09-08 Cleared for White House. 2008-09-08 14:54:26 Motion to reconsider laid on the table Agreed to without objection. Floor H38310 2 House floor actions 2008-09-08 14:54:23 On motion to suspend the rules and pass the bill Agreed to by voice vote. (text: CR H7817) Floor H37300 2 House floor actions 2008-09-08 14:54:23 Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by voice vote.(text: CR H7817) Floor 8000 9 Library of Congress 2008-09-08 14:38:10 DEBATE - The House proceeded with forty minutes of debate on S. 2450. Floor H8D000 2 House floor actions 2008-09-08 14:38:08 Considered under suspension of the rules. (consideration: CR H7817-7820) Floor H30000 2 House floor actions 2008-09-08 14:37:56 Ms. Jackson-Lee moved to suspend the rules and pass the bill. Floor H30300 2 House floor actions 2008-02-28 Referred to the House Committee on the Judiciary. IntroReferral H11100 2 House floor actions hsju00 Judiciary Committee 2008-02-28 Senate Message on Senate action sent to the House. Floor 2008-02-28 10:04:50 Received in the House. Floor H14000 2 House floor actions 2008-02-27 Senate Passed Senate without amendment by Unanimous Consent. (consideration: CR S1317-1319; text as passed Senate: CR S1318-1319) Floor 2008-02-27 Passed/agreed to in Senate: Passed Senate without amendment by Unanimous Consent.(consideration: CR S1317-1319; text as passed Senate: CR S1318-1319) Floor 17000 9 Library of Congress 2008-02-25 Senate Placed on Senate Legislative Calendar under General Orders. Calendar No. 580. Calendars 2008-02-25 ssju00 Judiciary Committee Senate Committee on the Judiciary. Reported by Senator Leahy without amendment. With written report No. 110-264. Committee 2008-02-25 Committee on the Judiciary. Reported by Senator Leahy without amendment. With written report No. 110-264. Committee 14000 9 Library of Congress ssju00 Judiciary Committee 2008-01-31 ssju00 Judiciary Committee Senate Committee on the Judiciary. Ordered to be reported without amendment favorably. Committee 2007-12-11 ssju00 Judiciary Committee Senate Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S15142) IntroReferral 2007-12-11 Sponsor introductory remarks on measure. (CR S15141-15142) IntroReferral B00100 9 Library of Congress 2007-12-11 Introduced in Senate IntroReferral 10000 9 Library of Congress L000174 Sen. Leahy, Patrick J. [D-VT] Patrick Leahy D VT N S000709 Sen. Specter, Arlen [R-PA] ARLEN SPECTER R PA 2007-12-11 True G000359 Sen. Graham, Lindsey [R-SC] Lindsey Graham R SC 2007-12-17 False 2008-02-22T06:00:00Z S. 2450, A bill to amend the Federal Rules of Evidence to address the waiver of the attorney-client privilege and work product doctrine http://www.cbo.gov/publication/19487 <p>Cost estimate for the bill as ordered reported by the Senate Committee on the Judiciary on January 31, 2008</p> 2008-02-22T06:00:00Z S. 2450, A bill to amend the Federal Rules of Evidence to address the waiver of the attorney-client privilege and work product doctrine https://www.cbo.gov/publication/19487 Cost estimate for the bill as ordered reported by the Senate Committee on the Judiciary on January 31, 2008 Public Law 110-322 Law Attorney-client privilege Evidence (Law) Government Operations and Politics State courts State laws Law 00 2007-12-11 Introduced in Senate 2008-03-05T22:33:36Z 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.

]]> 80 2008-02-25 Reported to Senate without amendment 2008-03-05T22:32:35Z (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.

]]> 82 2008-02-27 Passed Senate without amendment 2008-03-05T22:32:44Z (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.

]]> 81 2008-09-08 Passed House without amendment 2008-10-09T19:58:22Z (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.

]]> 49 2008-09-19 Public Law 2008-10-09T19:58:55Z (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.


]]> A bill to amend the Federal Rules of Evidence to address the waiver of the attorney-client privilege and the work product doctrine. Display Title A bill to amend the Federal Rules of Evidence to address the waiver of the attorney-client privilege and the work product doctrine. Official Title as Introduced A bill to amend the Federal Rules of Evidence to address the waiver of the attorney-client privilege and the work product doctrine. Enrolled Bill 2008-09-09T04:00:00Z Referred in House 2008-02-28T05:00:00Z Engrossed in Senate 2008-02-27T05:00:00Z Reported to Senate 2008-02-25T05:00:00Z Introduced in Senate 2007-12-11T05:00:00Z 2008-09-20T03:59:59Z Public Law 2008-09-19 Became Public Law No: 110-322. text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Congressional Research Service, Library of Congress This file contains bill summaries and statuses for federal legislation. A bill summary describes the most significant provisions of a piece of legislation and details the effects the legislative text may have on current law and federal programs. Bill summaries are authored by the Congressional Research Service (CRS) of the Library of Congress. As stated in Public Law 91-510 (2 USC 166 (d)(6)), one of the duties of CRS is "to prepare summaries and digests of bills and resolutions of a public general nature introduced in the Senate or House of Representatives". For more information, refer to the User Guide that accompanies this file.