On September 26, 2007, the Judicial Conference of the United States sent identical letters to the Senate Judiciary Committee and Committee on the Judiciary of the House of Representatives submitting proposed Evidence Rule 502. Unlike the recently amended Rules of Civil Procedure, rules governing evidentiary privilege must be approved by an Act of Congress. The proposed Rule was discussed here when it was originally approved. The Rule addresses anomalies in privilege law that became apparent when the Civil Rules were amended to accommodate e-discovery. It protects against forfeiture of privilege when a disclosure in discovery is the result of an innocent mistake and it permits parties and the courts to protect against the consequences of waiver by permitting disclosure of privileged information between the parties to litigation.

Read the Letters to Congress and Proposed Evidence Rule 502