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RULES OF EVIDENCE

ARTICLE V. PRIVILEGES

Rule 511. Privileged Matter Disclosed Under Compulsion or Without Opportunity To Claim Privilege

 

A claim of privilege is not defeated by a disclosure that was compelled erroneously or by a disclosure that was made inadvertently during the course of discovery.

2016 NHRE Update Committee Note

None of the privilege rules were adopted from the Federal Rules of Evidence so they were not part of the Update Committee’s targeted review. Some of the rules of privilege are adopted from the Uniform Rules of Evidence and some of them summarize New Hampshire statutes on privilege that were in existence at the time the New Hampshire Rules of Evidence were adopted. The Uniform Rules of Evidence were modified in 2005. The Update Committee did not make recommendations to amend these rules based upon Uniform Rule modifications.

 

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