MBE Evidence Practice Exam

Under FRE 502, does inadvertent disclosure of privileged material necessarily waive the privilege?

Yes; inadvertent disclosure always waives the privilege.

No; inadvertent disclosure never waives the privilege.

Generally yes, but 502 provides rules about waivers and protective orders.

Under FRE 502, inadvertent disclosure of privileged material does not automatically waive the privilege. The rule creates safeguards: if the disclosure was inadvertent and the holder took reasonable steps to prevent disclosure and to rectify the situation, the privilege remains intact. FRE 502 also authorizes the court to issue protective orders to govern how such material is handled and to limit any resulting waiver. So the best choice is the one that recognizes that there are specific rules in FRE 502 about waivers and protective orders that govern inadvertent disclosures. The other options rely on absolutes or on jurisdictional variation, which FRE 502 does not support in federal proceedings.

It depends on the jurisdiction.