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California Code, Evidence Code - EVID § 916

Current as of January 01, 2025 | Updated by Findlaw Staff

(a) The presiding officer, on his own motion or on the motion of any party, shall exclude information that is subject to a claim of privilege under this division if:

(1) The person from whom the information is sought is not a person authorized to claim the privilege;  and

(2) There is no party to the proceeding who is a person authorized to claim the privilege.

(b) The presiding officer may not exclude information under this section if:

(1) He is otherwise instructed by a person authorized to permit disclosure;  or

(2) The proponent of the evidence establishes that there is no person authorized to claim the privilege in existence.

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Cite this article: FindLaw.com - California Code, Evidence Code - EVID § 916 - last updated January 01, 2025 | https://codes.findlaw.com/ca/evidence-code/evid-sect-916/

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