Waiver
i) disclosure
(1) 511 (1) partial disclosure as a waiver
(a) elements
(i) holder of privilege
(ii) voluntarily discloses or consents
(iii) a significant part of the privilege
(2) burden to prove disclosure, significant, voluntary
(a) civil: burden to show disclosure wasn’t a waiver
(b) crim: discovering party to show the disclosure was a waiver (intentional relinquishment of a known rt in crim cases)
ii) 512: no waiver
(1) if erroneously compelled disclosure, no waiver
(2) or disclosure made w/o opportunity to claim the privilege (e.g. eavesdropper)
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