rapport privilégié

OBS: rapport privilégié; rapport protégé : termes normalisés par le Comité de normalisation dans le cadre du Programme national de l'administration de la justice dans les deux langues officielles (PAJLO).

CONT: It is usually held that an agent's report to his principal though made in confidence is not privileged as such, and looked on as a mere preexisting document it would not become privileged when sent by the client principal to his lawyer .... [in the case of] an employee ... who can be said to ""speak"" for the employer, it is an easy step to treat as privileged a report secured by the employer from his employee for the purpose of submitting it to counsel in connection with an actual or anticipated claim or suit. Numerous decisions treat these special reports as exempt from discovery under the privilege for attorney-client communications. (McCormick, p. 203)
CONT: Proposals for exchange of expert reports ""do not abrogate the rule of privilege; they relate only to notice being given of evidence it is intended to lead and they give no indication of any power in the Court to order privileged reports to be disclosed"". (Fed./Prov. Task Force, p. 99).