LibGuides: Evidence: Privilege

Privileged information is information that is relevant to the issue at trial, but is protected from being introduced or compelled by the opposing party. Usually the reason for this protection relates to public policy, such as protecting the trust between spouses or the privacy of a patient consulting their doctor.

Rules of Evidence

Federal Rule 501
Provides that common law governs a claim of privilege unless a specific law or rule provides otherwise.
Federal Rule 502
Explicitly enshrines attorney-client privilege and the definition and protection of work product. Also governs the scope and waiver of this privilege.
Illinois Rule 501
Provides that the common law governs a claim of privilege unless the state Constitution, state law, or rules promulgated by the Illinois Supreme Court provide otherwise.
Illinois Rule 502
Explicitly enshrines attorney-client privilege and the definition and protection of work product. Also governs the scope and waiver of this privilege.

Illinois Institute for Continuing Legal Education

Civil Trial Evidence (Illinois) 2015 Edition
Chapter 7 provides a detailed analysis of the scope and purpose of privilege and details the difference between state and federal approaches.