-- Last revised 03/05/24 --
Waiver of Privilege by Disclosure - Study K-301
Evidence Code Section 912 concerns waiver of the lawyer-client privilege, physician-patient privilege, and other specified evidentiary privileges. The Commission has studied whether this provision should be revised to make clear that inadvertent disclosure of a privileged communication does not consitute a waiver of the privilege. The Commission has issued a final recommendation proposing to amend Section 912 along those lines. Legislation to implement this proposal (AB 1133 (Harman)) was introduced in 2005 but was not enacted.
Related Material
- Legislation
- Final Recommendation
- Tentative Recommendation
- Commission Decisions (Meeting Minutes)
- Staff Memoranda
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Legislation
-
2005: Assembly Bill 1133 (Harman) [Waiver of Privilege by Disclosure]
[Not Enacted]
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Final Recommendation
- Waiver of Privilege by Disclosure -- (November 2004)
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Tentative Recommendations and Other Requests for Comment
- Draft Recommendation -- Waiver of Privilege by Disclosure (June 2004) -- Comments Due: 8/16/2004
- Discussion Draft -- Waiver of Privilege by Disclosure (March 2002)
- See also the tentative recommendation issued in the study on Evidence Code Changes Required by Electronic Communications (Study K-500)
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Meeting Minutes
- May 12, 2005 Meeting in Sacramento
- November 19, 2004 Meeting in Burbank
- September 17, 2004 Meeting in Oakland
- June 10, 2004 Meeting in Sacramento
- February 6, 2004 Meeting in Sacramento
- July 11-12, 2002 Meeting in Sacramento
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Staff Memoranda
- Memo 2005-16 -- AB 1133 (Harman): Waiver of Privilege by Disclosure (5/9/2005)
- Memo 2004-54, Supp. 4 -- Waiver of Privilege By Disclosure (Material Received at Meeting) (11/23/2004)
- Memo 2004-54, Supp. 3 -- Waiver of Privilege by Disclosure: Comments of the State Bar Committee on Administration of Justice (11/18/2004)
- Memo 2004-54, Supp. 2 -- Waiver of Privilege by Disclosure: Comments of State Bar Litigation Section (11/15/2004)
- Memo 2004-54, Supp. 1 -- Waiver of Privilege by Disclosure: Comments of Prof. Méndez (11/10/2004)
- Memo 2004-54 -- Waiver of Privilege by Disclosure (Draft of Recommendation) (10/14/2004)
- Memo 2004-43, Supp. 1 -- Waiver of Privilege by Disclosure (Further Comments of Marvell Semiconductor, Inc.) (9/16/2004)
- Memo 2004-43 -- Waiver of Privilege by Disclosure (Comments on Draft Recommendation) (9/10/2004)
- Memo 2004-17 -- Waiver of Privilege by Disclosure (Draft of Recommendation) (5/27/2004)
- Memo 2004-8 -- Waiver of Privilege by Disclosure (Discussion of Issues) (1/5/2004)
- Memo 2002-31 -- Waiver of Privilege by Disclosure (Comments on Discussion Draft) (7/3/2002)
- See also the Staff Memoranda relating to the study on Evidence Code Changes Required by Electronic Communications (Study K-500).