This book is intended to provide guidelines to judges and lawyers dealing with evidentiary privileges recognized by the federal courts. Although rules governing most evidentiary issues are contained in the Federal Rules of Evidence, there are no rules governing individual privileges. Instead, Rule 501 provides that privileges be developed under the common law. In fact, through case law development, the federal courts have recognized most of the privileges applicable in the states. This book sets out rules based on a survey of the federal case law, with gaps filled in by reference to the privilege rules originally proposed to Congress and the Uniform Rules of Evidence. These "survey rules" do not have the authority of law, but they are intended to be accurate statements of how the federal courts are likely to resolve evidentiary issues.
Evidentiary Privileges in Federal Courts : Survey Rules