Article V. Privileges

219

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 [2010].

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.

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