Federal Rules of Evidence update of Rule 502

Abstract

It is prudent for the forensic examiner to review the Federal Rules of Evidence (FRE) periodically for new rules, new editions, and addendums. The rules by which a court determines what evidence is admissible at trial are called rules of evidence. In the United States, federal courts follow the FRE, whereas the state courts follow their own rules (generally imposed by the state legislature). There are 11 articles with multiple rules contained in the FRE. The FRE are published as Title 28 of the United States Code and, therefore, can be found in any paper or electronic, annotated, or unannotated editions of the US Code (“United States Code”). A free, unannotated electronic version (2009) is posted on the Council on Forensic Sciences Web site at http://www. forensic-sciences.org. This new FRE Rule 502 was recently signed into law and is entitled “Attorney-Client Privilege and Work Product: Limitations on Waiver” (http://www.uscourts. gov/rules/Congressional_Record_re_S2450.pdf). Rule 502 no longer allows partial or complete waiver of the attorney-client privilege and work product by intentional or inadvertent disclosures. Rule 502, AttorneyClient Privilege and Work Product: Limitations on Waiver can be found at http://federalevidence.com/pdf/ 2008/10-Oct/PubLNo110-322.pdf.