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TN · rules

Tenn. R. Evid. 502

Limitations on Waiver of Privileged Information or Work Product

activein force · 2018-07-01 – presentact-effective-date

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.

History

[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.

Provenance

Source
www.tncourts.gov
Retrieved
2026-09-17
Edition
2026-09-16
Content hash
0a46a7a905775e4726dfc0fe4004346a1873cfc1870df81152d3b5979eaf021f
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