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 if:

(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; and by order filed January 8, 2018, effective July 1, 2018.]

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.

Advisory Commission Comments [2018]

The 2018 amendment corrects a typographical error in the original text of the rule by adding the word “if” at the end of the introductory clause.


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