{"code":"EVID","codeName":"Evidence Code","section":"916","citation":"Evid. Code, § 916","status":"in-force","lawOn":"2026-09-28","headings":[{"name":"DIVISION 8. PRIVILEGES [900. - 1070.]","url":"https://blackletter.si/evidence-code/division-8"},{"name":"CHAPTER 3. General Provisions Relating to Privileges [911. - 920.]","url":"https://blackletter.si/evidence-code/division-8/chapter-3"}],"history":"Enacted by Stats. 1965, Ch. 299.","effective":null,"html":"<p>(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:</p><p>(1) The person from whom the information is sought is not a person authorized to claim the privilege; and</p><p>(2) There is no party to the proceeding who is a person authorized to claim the privilege.</p><p>(b) The presiding officer may not exclude information under this section if: </p><p>(1) He is otherwise instructed by a person authorized to permit disclosure; or </p><p>(2) The proponent of the evidence establishes that there is no person authorized to claim the privilege in existence.</p>","text":"(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.","otherVersions":[],"url":"https://blackletter.si/evidence-code/general-provisions-relating-to-privileges-916","source":"California Legislative Information bulk export (pubinfo)"}