CRE 502

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.

(a) Disclosure Made in a Colorado Proceeding or to a Colorado Office or Agency;

Scope of a Waiver. When the disclosure is made in a Colorado proceeding or to an office

or agency of a Colorado state, county, or local government and waives the attorney-client

privilege or work-product protection, the waiver extends to an undisclosed communication

or information in a Colorado 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.

(b) Inadvertent Disclosure. When made in a Colorado proceeding or to an office or

agency of a Colorado state, county, or local government, the disclosure does not operate as

a waiver in a Colorado 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, including (if applicable) following C.R.C.P. 26(b)(5)(B).

(c) Disclosure Made in a Federal or other State Proceeding. When the disclosure is

made in a proceeding in federal court or the court of another state and is not the subject of

a court order concerning waiver, the disclosure does not operate as a waiver in a Colorado

proceeding if the disclosure:

(1) would not be a waiver under this rule if it had been made in a Colorado

proceeding; or

(2) is not a waiver under the law governing the state or federal proceeding where the

disclosure occurred.

(d) Controlling Effect of a Court Order. A Colorado court may order that the

privilege or protection is not waived by disclosure connected with the litigation pending

before the court - in which event the disclosure is also not a waiver in any other

proceeding.

(e) Controlling Effect of a Party Agreement. An agreement on the effect of disclosure in a Colorado proceeding is binding only on the parties to the agreement, unless it is

incorporated into a court order.

(f) Definitions. In this rule:

(1) ‘‘attorney-client privilege’’ means the protection that applicable law provides for

confidential attorney-client communications; and

(2) ‘‘work-product protection’’ means the protection that applicable law provides for

tangible material (or its intangible equivalent) prepared in anticipation of litigation or for

trial.