Attorney-client privilege and work product protection; limitations on waivers. (SB384)

Introduced By

Sen. Mark Obenshain (R-Harrisonburg)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Attorney-client privilege; work product protection; limitations on waivers. Provides that when the disclosure of a communication or information covered by attorney-client privilege or work product protection made in a proceeding or to any public body operates as a waiver of the privilege or protection, such waiver only extends to undisclosed communications or information if (i) the waiver was intentional, and (ii) the disclosed and undisclosed communications or information concern the same subject matter and ought in fairness be considered together. Inadvertent disclosures do not operate as a waiver if reasonable steps were taken to prevent disclosure and to rectify the error. The bill also provides that an agreement between parties as to the effect of a disclosure is only binding upon the parties to the agreement unless it has been incorporated into a court order. This bill is a recommendation of the Boyd-Graves Conference. Read the Bill »

Outcome

Bill Has Passed

History

DateAction
01/12/2010Prefiled and ordered printed; offered 01/13/10 10100501D
01/12/2010Referred to Committee for Courts of Justice
01/14/2010Assigned Courts sub: Civil
01/25/2010Reported from Courts of Justice (13-Y 0-N) (see vote tally)
01/26/2010Constitutional reading dispensed (40-Y 0-N) (see vote tally)
01/27/2010Read second time and engrossed
01/28/2010Read third time and passed Senate (40-Y 0-N) (see vote tally)
02/08/2010Placed on Calendar
02/08/2010Read first time
02/08/2010Referred to Committee for Courts of Justice
02/16/2010Assigned Courts sub: #2 Civil
02/24/2010Subcommittee recommends reporting with amendment(s) (11-Y 0-N)
02/26/2010Reported from Courts of Justice with amendment (19-Y 0-N) (see vote tally)
03/02/2010Read second time
03/03/2010Read third time
03/03/2010Committee amendment agreed to
03/03/2010Engrossed by House as amended
03/03/2010Passed House with amendment BLOCK VOTE (99-Y 0-N)
03/03/2010VOTE: BLOCK VOTE PASSAGE (99-Y 0-N) (see vote tally)
03/05/2010House amendment agreed to by Senate (39-Y 0-N) (see vote tally)
03/12/2010Enrolled
03/12/2010Bill text as passed Senate and House (SB384ER)
03/12/2010Signed by Speaker
03/13/2010Signed by President
04/10/2010G Approved by Governor-Chapter 350 (effective 7/1/10)
04/10/2010G Acts of Assembly Chapter text (CHAP0350)

Video

This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 1 clip in all, totaling 55 seconds.