Under Federal Rule of Evidence 502(b), an inadvertent disclosure does not operate as a waiver if the holder took reasonable steps to prevent disclosure and promptly took reasonable steps to rectify the error.
Recipients of apparently privileged material generally must notify the producing party and sequester it pending resolution.
Alternative Names:
Accidental Production, Inadvertent Production
Why it Matters?
In large productions some privileged material will escape review regardless of quality, so the question is not whether it will happen but whether the response protects the privilege. Reasonable steps means a documented review process, and prompt rectification is measured in days. The stronger protection is a Rule 502(d) order entered in advance, which removes the reasonableness inquiry entirely.
Frequently Confused with
Related terms
Frequently asked questions
What must the producing party show?
What should a recipient do?
