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Evidence

Federal Rules of Evidence

Campbell Law Review

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Waving Goodbye To Waiver? Not So Fast: Inadvertent Disclosure, Waiver Of The Attorney-Client Privilege, And Federal Rule Of Evidence 502, Elizabeth King Jan 2010

Waving Goodbye To Waiver? Not So Fast: Inadvertent Disclosure, Waiver Of The Attorney-Client Privilege, And Federal Rule Of Evidence 502, Elizabeth King

Campbell Law Review

Waiver of the attorney-client privilege due to inadvertent disclosure is an important issue that courts and litigants have grappled with for a long time. With electronic discovery becoming increasingly common, and with electronic privilege reviews replacing paper reviews, the issue takes on greater importance. The risk of inadvertently disclosing privileged or protected information is heightened in electronic discovery because of the very nature of electronic information. For example, although a party makes an effort to segregate and delete privileged information from a computer drive prior to producing the electronic documents to the opposing party, the deleted files may still be …


The Death Of Discretion: Prior Felony Convictions Automatically Admissible In Civil Actions - Green V. Bock Laundry Machine Co., Kimberly S. Smith Jan 1990

The Death Of Discretion: Prior Felony Convictions Automatically Admissible In Civil Actions - Green V. Bock Laundry Machine Co., Kimberly S. Smith

Campbell Law Review

This Note has four objectives. First, the Note examines the facts presented to the Green Court. Second, the Note surveys Rule 609's history and the divergent pre-Green views regarding Rule 609's application in the civil arena. Third, the Note examines Green's analysis and the Supreme Court's conclusion that Rule 609 forecloses any judicial discretion in admitting or excluding prior convictions evidence. And, finally, the Note concludes that North Carolina's Rule 609 should also be interpreted as requiring trial judges to admit prior convictions evidence regardless of unfair prejudice.