not a waiver under the law of the State where the disclosure
Effect of a Court Order –
A Federal court order may order that the privilege or protection
is not waived by disclosure connected with the litigation
pending before the court – in which event the disclosure is also
nor a waiver in any other Federal or State proceeding.
Effect of a Party Agreement –
An agreement on the effect of disclosure in a Federal proceeding
is binding only on the parties to the agreement, unless it is
incorporated into a court order.
Effect of This Rule –
Notwithstanding Rules 101 and 1101, this rule applies to State
proceedings and to Federal court-annexed and Federal
court-mandated arbitration proceedings, in the circumstances set
out on the rule. And
notwithstanding Rule501, this rule applies even if State law
provides the rule of decision.
(g) Definitions –
In this rule:
privilege” means the protection that applicable law provides for
confidential attorney-client communications; and
protection” means the protection that applicable law provides
for tangible material (or its intangible equivalent) prepared in
anticipation of litigation or for trial.