Limitations on Waiver of Privileged Information or Work Product

Article V. Privileges Rules of Evidence 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. Rule Name Rule 502: Limitations on Waiver of Privileged Information or Work Product.