Is privilege a rule of evidence?
In the law of evidence, a privilege is a rule of evidence that allows the holder of the privilege to refuse to disclose information or provide evidence about a certain subject or to bar such evidence from being disclosed or used in a judicial or other proceeding.
Is work product privileged?
Generally, work product is privileged, meaning it is exempt from discovery. However, there are exceptions. Work product is divided into two categories: ordinary and opinion.
What is Rule 501 of the Federal Rules of Evidence?
Rule 501 deals with the privilege of a witness not to testify. §1441(b) the privilege of a witness, person, government, State or political subdivision thereof is determined in accordance with State law, unless with respect to the particular claim or defense, Federal law supplies the rule of decision.”
What is the reasoning behind the work product rule?
A legal doctrine that provides that certain materials prepared by an attorney who is acting on behalf of his or her client during preparation for litigation are privileged from discovery by the attorney for the opposition party.
What are examples of privileged information?
Under Sec. 3(k) of the Data Privacy Act, “[p]rivileged information refers to any and all forms of data which under the Rules of Court and other pertinent laws constitute privileged communication.” One such example would be any information given by a client to his lawyer.
What are privileged documents?
Privilege is a legal right which allows persons to resist compulsory disclosure of documents and information. The fact that a document is sensitive or confidential is not a bar to disclosure, although privileged documents must be confidential.
Who can waive work product privilege?
A party or its attorney may waive the privilege by disclosing privileged information to a third party who is not bound by the privilege, or otherwise shows disregard for the privilege by making the information public. Bittaker v. Woodford, 331 F.
What is covered by work product privilege?
Overview. The work product doctrine states that an adverse party generally may not discover or compel disclosure of written or oral materials prepared by or for an attorney in the course of legal representation, especially in preparation for litigation.
Does state or federal privilege law apply?
The federal common law of privilege applies in federal question cases. In diversity cases, federal courts apply state privilege law.
What privilege law applies in federal court?
Federal common law
Federal common law generally applies to attorney-client privilege issues arising in federal question cases, while state privilege law generally applies in diversity cases.
What is privileged discovery?
Discovery does not extend to accessing information that is privileged. Privileged information is information that is protected by a confidential relationship recognized by law, such as attorney-client, doctor-patient, etc.
What qualifies as privileged information?
Privileged Information means any information, in written, oral, electronic or other tangible or intangible forms, including any communications by or to attorneys (including attorney-client privileged communications), memoranda and other materials prepared by attorneys or under their direction (including attorney work …
What is the work product privilege in law?
The work product doctrine states that an adverse party generally may not discover or compel disclosure of written or oral materials prepared by or for an attorney in the course of legal representation, especially in preparation for litigation.
Are there exceptions to attorney-client privilege and work product immunity?
The rule makes no attempt to alter federal or state law on whether a communication or information is protected under the attorney-client privilege or work-product immunity as an initial matter. Moreover, while establishing some exceptions to waiver, the rule does not purport to supplant applicable waiver doctrine generally.
When do Federal Rules of evidence apply to privilege?
Basically, it provides that in criminal and Federal question civil cases, federally evolved rules on privilege should apply since it is Federal policy which is being enforced. [It is also intended that the Federal law of privileges should be applied with respect to pendant State law claims when they arise in a Federal question case.]
What are the rules for attorney client privilege?
Rule 502. Attorney-Client Privilege and Work Product; Limitations on Waiver. The following provisions apply, in the circumstances set out, to disclosure of a communication or information covered by the attorney-client privilege or work-product protection.