A bill to amend the Federal Rules of Evidence to address the waiver of the attorney-client privilege and the work product doctrine.
Public Law 110-322 · S. 2450 · 110th Congress · began in the Senate
Signed by George W. Bush (R) on Sep 19, 2008 · Law
Sponsor: Sen. Patrick Leahy (D-VT)
Cosponsors (2): Sen. Arlen Specter, Sen. Lindsey Graham
Passage votes
- HouseVoice vote
- SenateUnanimous consent
Data notes
The final version of the law, as each chamber passed it. A chamber that passed it by voice vote or unanimous consent has no count. “Method not stated” means the record does not say how the chamber voted. Where the record has a member-by-member vote, the “Who voted for it” section shows who voted yea.
Summary
The Congressional Research Service’s plain-language summary of what the law does.
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.
Committees
The committees the bill was sent to, and what each did with it.
Data notes
A committee links to its page only where it exists in the current Congress; older and renamed committees are named without a link.
Related bills
1 bill the Library of Congress relates to this one.
H.R. 6610Identical bill
To amend the Federal Rules of Evidence to address the waiver of the attorney-client privilege and the work product doctrine.
Data notes
Related bills are identified by the Congressional Research Service, the House and the Senate: companion and identical bills, bills with similar text, bills that were folded into this law, and rules that brought it to the floor. A bill that is itself a public law in this site’s data links here; the others link to Congress.gov.
Timeline
From introduction to signing, newest first: the committees, the floor and the president. 19 actions.
- Sep 19, 2008Became lawBecame law · Became Public Law No: 110-322.
- Became lawBecame law · Signed by President.
- Sep 11, 2008FloorFloor · Presented to President.
- Sep 8, 2008FloorFloor · Motion to reconsider laid on the table Agreed to without objection.
- FloorFloor · On motion to suspend the rules and pass the bill Agreed to by voice vote.
- FloorFloor · DEBATE - The House proceeded with forty minutes of debate on S. 2450.
- FloorFloor · Considered under suspension of the rules.
- FloorFloor · Ms. Jackson-Lee moved to suspend the rules and pass the bill.
- OtherOther · Cleared for White House.
- Feb 28, 2008FloorFloor · Message on Senate action sent to the House.
- FloorFloor · Received in the House.
- CommitteeCommittee · Referred to the House Committee on the Judiciary.
- Feb 27, 2008FloorFloor · Passed Senate without amendment by Unanimous Consent.
- Feb 25, 2008CalendarCalendar · Placed on Senate Legislative Calendar under General Orders. Calendar No. 580.
- CommitteeCommittee · Committee on the Judiciary. Reported by Senator Leahy without amendment. With written report No. 110-264.
- Jan 31, 2008CommitteeCommittee · Committee on the Judiciary. Ordered to be reported without amendment favorably.
- Dec 11, 2007CommitteeCommittee · Read twice and referred to the Committee on the Judiciary.
- CommitteeCommittee · Sponsor introductory remarks on measure. (CR S15141-15142)
- IntroducedIntroduced · Introduced in Senate
Data notes
Every action the Library of Congress lists for the bill, from introduction to signing, plus the dated committee hearings. The source lists many steps twice (the chamber’s own entry and the Library of Congress copy, or a presidential and a became-law entry with the same words); those are shown once. Amendments are listed in their own section.
Amendments
No amendments to this bill are on record.
Data notes
Amendments offered to this bill in either chamber, as the Library of Congress records them: each with a status read from its last recorded step: agreed to, rejected, withdrawn, ruled out of order, fell with another amendment, or offered with no vote recorded (most Senate amendments are only ever offered). The wording of each amendment is the source’s. Amendments to amendments and amendments to other bills are not listed.
Official record
The bill’s full text is on Congress.gov. Data through Oct 7, 2026.