R.I. R. Evid. 501

As amended through April 4, 2024
Rule 501 - Existing privileges retained

Nothing in these rules shall be deemed to modify or supersede existing law relating to privilege, except to the extent expressly provided in Rule 502.

R.I. R. Evid. 501

Amended September 10, 2019, effective 9/10/2019.

ADVISORY COMMITTEE'S NOTE

With the addition of Rhode Island Rule of Evidence 502, which governs certain waivers of privilege, Rule 501 has been amended to clarify the relationship between Rule 501 and new Rule 502. In particular, a proviso has been added to Rule 501 stating that existing law relating to privilege is not modified or superseded "except to the extent expressly provided in Rule 502."

This makes clear that other than the matters expressly addressed in Rule 502, courts will continue to be governed by the existing body of Rhode Island law addressing privilege issues. As with the federal rule, Rule 502 "makes no attempt to alter federal or state law on whether a communication or information is protected under the attorney-client privilege or work-product immunity as an initial matter" nor does it seek to "supplant applicable waiver doctrine generally." Federal Rule of Evidence 502, Advisory Committee Notes. Rhode Island common law and those Rhode Island rules related to attorney-client privilege and work product are preserved and continue to provide an important legal backdrop to the Rhode Island Rules of Evidence.