A bill to amend the Federal Rules of Evidence to address the waiver of the attorney-client privilege and the work product doctrine.
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Became Public Law No: 110-322.
(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.
- Engrossed in Senate Formatted Text PDF
- Enrolled Bill Formatted Text PDF
- Introduced in Senate Formatted Text PDF
- Public Law Formatted Text PDF
- Referred in House Formatted Text PDF
- Reported to Senate Formatted Text PDF
Cite this page
U.S. Congress. (2026). S. 2450: A bill to amend the Federal Rules of Evidence to address the waiver of the attorney-client privilege and the work product doctrine.. 110th Congress. Open America. https://openamerica.io/bill/110-S-2450/
"S. 2450: A bill to amend the Federal Rules of Evidence to address the waiver of the attorney-client privilege and the work product doctrine.." 110th Congress, 2026, Open America, https://openamerica.io/bill/110-S-2450/.
S. 2450, 110th Cong. (2026), https://openamerica.io/bill/110-S-2450/.
[S. 2450: A bill to amend the Federal Rules of Evidence to address the waiver of the attorney-client privilege and the work product doctrine.](https://openamerica.io/bill/110-S-2450/)