Priveleges & Policy Exclusions

Question 1

Are all privileges waivable?

Answer 1

Yes.

Question 2

curative admission

Answer 2

• When inadmissible evidence (e.g., nonrelevant evidence) is improperly admitted against a party, the court may permit that party to introduce additional inadmissible evidence (e.g., hearsay) for the purpose of rebuttal
• meant to remedy the prejudicial effect caused by the previously admitted evidence.

Question 3

federal inadvertent waiver rule

Answer 3

Federal inadvertent waiver rule: disclosure of a communication protected by the attorney-client privilege or material that qualifies as attorney work product does NOT operate as a waiver in a federal or state proceeding if:
* the disclosure was made in a federal proceeding or to a federal agency
* the disclosure was inadvertent
* the privilege holder had taken reasonable steps to prevent disclosure AND
* the privilege holder promptly took reasonable steps to rectify the error