Article V. Privileges
Rule 502: Limitations on Waiver of Privileged Information or Work Product.
Inadvertent disclosure of privileged information or work product does not operate as a waiver:
(1) the disclosure is inadvertent,
(2) the holder of the privilege or work-product protection took reasonable steps to prevent disclosure, and
(3) the holder promptly took reasonable steps to rectify the error.
[As added by order filed December 14, 2009, effective July 1, 2010.]
Advisory Commission Comments .
This language is taken from Federal Rule of Evidence 502(b). Compare Tennessee Rule of Civil Procedure 26.02(5) on discovery of electronically stored information.Back to Top