Evidence-Testimonial Privileges

Testimonial privileges permit one to refuse to disclose and probhit others from disclosing certain confidential information in judicial proceedings.

Attorney-client privilege
Privilege for spousal communications
Psychotherapist/social work-client privilege

A privilege is personal and may be asserted only by the party whose interest is sought to be protected or someone authorized to assert it on the holder's behalf.

The communication must be shown to have been made in confidence

A privilege can be waived by:
1. Failure to claim the privilege by the holder or failure to object when privileged testimony is offered
2. Voluntary disclosure of the privileged matter by the holder unless the dislcosure is also privileged
3. A contractual provision waiving in advance the right to claim a privilege

A privilege is not waivered where someone wrongfully disclosed the information without the holder's consent.
A waiver of the privilege by one joint holder does not affect the right of another hoint holder to claim the privilege.

A privilege based on confidential communications is not abrogated because the communication is overheard by someone whose presence is unknown to the parties.