In fact through case law development the federal courts have recognized most of the privileges applicable in the states this book sets out rules based on a survey of the federal case law with gaps filled in by reference to the privilege rules originally proposed to congress and the uniform rules of evidence these survey rules do not . State evidentiary privileges in federal civil litigation martin i kaminsky this article is brought to you for free and open access by flash the fordham law archive of scholarship and history it has been accepted for inclusion in fordham law review by an authorized editor of flash the fordham law archive of scholarship and history. Although rules governing most evidentiary issues are contained in the federal rules of evidence there are no rules governing individual privileges instead rule 501 provides that privileges be developed under the common law in fact through case law development the federal courts have recognized most of the privileges applicable in the states. Walter v staffordevidentiary privileges in the federal courts 52 calif l rev 640 1964 evidentiary privileges in the federal courts the status of state evidentiary privileges in federal courts is at best uncertain in diversity litigation the interaction of erie rr v even before the rules became law the validity of some of them was. Rev civ stat art 41a 1 1997 accountant client privilege inapplicable in court proceedings the revisions to the federal rules of evidence drafted by the judicial conference and approved by the supreme court in 1972 recognized a number of specific privileges but none for accountant client communications
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