As amended through October 28, 2024
Rule 530 - Waiver of Privilege by Contract or Previous Disclosure: Limitations(a) Except as provided herein with respect to the attorney-client privilege or work-product doctrine, a person waives his right or privilege to refuse to disclose or to prevent another from disclosing a specified matter if he or any other person while the holder thereof has (1) contracted with anyone not to claim the right or privilege or, (2) without coercion and with knowledge of his right or privilege, made disclosure of any part of the privileged matter or consented to such a disclosure made by anyone.(b) Except as provided herein with respect to the attorney-client privilege or work-product doctrine, a disclosure which is itself privileged or otherwise protected by the common law, statutes or rules of court of this State, or by lawful contract, shall not constitute a waiver under this section. The failure of a witness to claim a right or privilege with respect to one question shall not operate as a waiver with respect to any other question.(c) Attorney-Client Privilege and Work Product: Limitations on Waiver. The following provisions apply, in the circumstances set out, to disclosure of a communication or information covered by the attorney-client privilege or work-product protection. (1) Disclosure Made in a State Proceeding or to a State Office or Agency: Scope of a Waiver. When the disclosure is made in a state proceeding or to a state office or agency and waives the attorney-client privilege or work-product protection, the waiver extends to an undisclosed communication in a state proceeding only if: A. the waiver is intentional;B. the disclosed and undisclosed communications or information concern the same subject matter: andC. they ought in fairness to be considered together.(2) Inadvertent Disclosure. When made in a state proceeding or to a state office or agency, the disclosure does not operate as a waiver in a state proceeding if: A. the disclosure is inadvertent;B. the holder of the privilege or protection took reasonable steps to prevent disclosure; andC. the holder promptly took reasonable steps to rectify the error.(3) Disclosure Made in Another Forum. When the disclosure is made in another state or in a federal proceeding, the disclosure does not operate as a waiver in the New Jersey proceeding if the disclosure:A. Would not be a waiver under this rule if it had been made in a New Jersey proceeding; orB. Is not a waiver under the law of the forum where the disclosure occurred.(4) Controlling Effect of a Court Order. A court 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 not a waiver in any other federal or state proceeding. The existence of such an agreement between the parties shall not limit a party's right to conduct a review of documents, electronically stored information or other information for relevance, responsiveness or segregation of privileged or protected information before production.(5) Controlling Effect of a Party Agreement. An agreement on the effect of a disclosure in a state proceeding is binding only on the parties to the agreement, unless it is incorporated into a court order.(6) Definitions. In this rule: A. "Attomey-client privilege" means the protection afforded under Rule 504: andB. "Work-product protection" means the protection that applicable law provides for tangible material (or its intangible equivalent) prepared in anticipation of litigation or for trial. Adopted September 15, 1992 to be effective 7/1/1993; text amended and designated as paragraphs a and b. and new paragraph c adopted September 16, 2019, effective 7/1/2020.