CHAPTER § 12.04 Choice of Law in Federal Cases
| Jurisdiction | United States |
§ 12.04 Choice of Law in Federal Cases
Federal Rule of Evidence 501 provides that federal law governs the scope and availability of the attorney-client privilege in federal cases.205 In diversity cases, courts usually hold that state law will generally apply, although if there is also a federal claim, federal law will govern the evidence relevant to the federal claim or defense.206 Federal Rule of Civil Procedure 26(b)(3) governs the scope and availability of the work-product privilege in all federal cases.207
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Notes:
[205] Fed. R. Evid. 501; see also, In re Qwest Commc'ns Int'l Inc., 450 F.3d 1179, 1184 (10th Cir. 2006).
[206] Id...
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