Tenn. R. Evid. 502

As amended through January 18, 2024

Rule 502 - Limitations on Waiver of Privileged Information or Work Product

Inadvertent disclosure of privileged information or work product does not operate as a waiver if:

(1) the disclosure is in advertent,

(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.

Tenn. R. Evid. 502

As added by order filed December 14, 2009, effective July 1, 2010; amended by order filed January 8, 2018, effective 7/1/2018.

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 Comment [2018 Amendment]

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.