§ 42.01 Introduction

• Jurisdiction: United States

§ 42.01 Introduction

The privileges discussed in the preceding chapters are private privileges. In some circumstances, they may apply to the government, such as the attorney-client privilege. This chapter examines privileges that only the government may assert.

As drafted by the Advisory Committee, proposed Federal Rule 509 recognized a state secrets and official information privilege, and proposed Rule 510 recognized an informant's privilege.¹ However, Congress deleted all the proposed privilege rules when it substituted the general federal rule on privileges (Rule 501).² Nevertheless, federal cases recognize these privileges as well as others.

--------

Notes:

^[1] See 56 F.R.D. 244, 245 (1973).

^[2] Fed. R. Evid. 501. For a discussion of the congressional action, see supra § 37.02...