DIVISION 8. PRIVILEGES [900. - 1070.]

Division 8 enacted by Stats. 1965, Ch. 299.

§§ 900–1070 · 124 sections

1. CHAPTER 1. Definitions §§ 900–905 · 5 sections

   • § 900 Unless the provision or context otherwise requires, the definitions in this chapter govern the construction of this division. They do not govern the…
   • § 901 “Proceeding” means any action, hearing, investigation, inquest, or inquiry (whether conducted by a court, administrative agency, hearing officer, arbitrator,…
   • § 902 “Civil proceeding” means any proceeding except a criminal proceeding.
   • § 903 “Criminal proceeding” means: (a) A criminal action; and (b) A proceeding pursuant to Article 3 (commencing with Section 3060) of Chapter 7 of Division 4 of…
   • § 905 “Presiding officer” means the person authorized to rule on a claim of privilege in the proceeding in which the claim is made.
2. CHAPTER 2. Applicability of Division § 910 · 1 section

   • § 910 Except as otherwise provided by statute, the provisions of this division apply in all proceedings. The provisions of any statute making rules of evidence…
3. CHAPTER 3. General Provisions Relating to Privileges §§ 911–920 · 10 sections

   • § 911 Except as otherwise provided by statute: (a) No person has a privilege to refuse to be a witness. (b) No person has a privilege to refuse to disclose any…
   • § 912 (a) Except as otherwise provided in this section, the right of any person to claim a privilege provided by Section 954 (lawyer-client privilege), 966 (lawyer…
   • § 913 (a) If in the instant proceeding or on a prior occasion a privilege is or was exercised not to testify with respect to any matter, or to refuse to disclose or…
   • § 914 (a) The presiding officer shall determine a claim of privilege in any proceeding in the same manner as a court determines such a claim under Article 2…
   • § 915 (a) Subject to subdivision (b), the presiding officer may not require disclosure of information claimed to be privileged under this division or attorney work…
   • § 916 (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…
   • § 917 (a) If a privilege is claimed on the ground that the matter sought to be disclosed is a communication made in confidence in the course of the lawyer-client,…
   • § 918 A party may predicate error on a ruling disallowing a claim of privilege only if he is the holder of the privilege, except that a party may predicate error on…
   • § 919 (a) Evidence of a statement or other disclosure of privileged information is inadmissible against a holder of the privilege if: (1) A person authorized to…
   • § 920 Nothing in this division shall be construed to repeal by implication any other statute relating to privileges.
4. CHAPTER 4. Particular Privileges §§ 930–1063 · 107 sections

   1. ARTICLE 1. Privilege of Defendant in Criminal Case § 930 · 1 section

      • § 930 To the extent that such privilege exists under the Constitution of the United States or the State of California, a defendant in a criminal case has a privilege…
   2. ARTICLE 2. Privilege Against Self-Incrimination § 940 · 1 section

      • § 940 To the extent that such privilege exists under the Constitution of the United States or the State of California, a person has a privilege to refuse to disclose…
   3. ARTICLE 3. Lawyer-Client Privilege §§ 950–962 · 14 sections

      • § 950 As used in this article, “lawyer” means a person authorized, or reasonably believed by the client to be authorized, to practice law in any state or nation.
      • § 951 As used in this article, “client” means a person who, directly or through an authorized representative, consults a lawyer for the purpose of retaining the…
      • § 952 As used in this article, “confidential communication between client and lawyer” means information transmitted between a client and his or her lawyer in the…
      • § 953 As used in this article, “holder of the privilege” means: (a) The client, if the client has no guardian or conservator. (b) (1) A guardian or conservator of…
      • § 954 Subject to Section 912 and except as otherwise provided in this article, the client, whether or not a party, has a privilege to refuse to disclose, and to…
      • § 955 The lawyer who received or made a communication subject to the privilege under this article shall claim the privilege whenever he is present when the…
      • § 956 (a) There is no privilege under this article if the services of the lawyer were sought or obtained to enable or aid anyone to commit or plan to commit a crime…
      • § 956.5 There is no privilege under this article if the lawyer reasonably believes that disclosure of any confidential communication relating to representation of a…
      • § 957 There is no privilege under this article as to a communication relevant to an issue between parties all of whom claim through a deceased client, regardless of…
      • § 958 There is no privilege under this article as to a communication relevant to an issue of breach, by the lawyer or by the client, of a duty arising out of the…
      • § 959 There is no privilege under this article as to a communication relevant to an issue concerning the intention or competence of a client executing an attested…
      • § 960 There is no privilege under this article as to a communication relevant to an issue concerning the intention of a client, now deceased, with respect to a deed…
      • § 961 There is no privilege under this article as to a communication relevant to an issue concerning the validity of a deed of conveyance, will, or other writing,…
      • § 962 Where two or more clients have retained or consulted a lawyer upon a matter of common interest, none of them, nor the successor in interest of any of them, may…
   4. ARTICLE 3.5. Lawyer Referral Service-Client Privilege §§ 965–968 · 4 sections

      • § 965 For purposes of this article, the following terms have the following meanings: (a) “Client” means a person who, directly or through an authorized…
      • § 966 (a) Subject to Section 912 and except as otherwise provided in this article, the client, whether or not a party, has a privilege to refuse to disclose, and to…
      • § 967 A lawyer referral service that has received or made a communication subject to the privilege under this article shall claim the privilege if the communication…
      • § 968 There is no privilege under this article if either of the following applies: (a) The services of the lawyer referral service were sought or obtained to enable…
   5. ARTICLE 4. Privilege Not to Testify Against Spouse §§ 970–973 · 4 sections

      • § 970 Except as otherwise provided by statute, a married person has a privilege not to testify against his spouse in any proceeding.
      • § 971 Except as otherwise provided by statute, a married person whose spouse is a party to a proceeding has a privilege not to be called as a witness by an adverse…
      • § 972 A married person does not have a privilege under this article in: (a) A proceeding brought by or on behalf of one spouse against the other spouse. (b) A…
      • § 973 (a) Unless erroneously compelled to do so, a married person who testifies in a proceeding to which his spouse is a party, or who testifies against his spouse…
   6. ARTICLE 5. Privilege for Confidential Marital Communications §§ 980–987 · 8 sections

      • § 980 Subject to Section 912 and except as otherwise provided in this article, a spouse (or his or her guardian or conservator when he or she has a guardian or…
      • § 981 There is no privilege under this article if the communication was made, in whole or in part, to enable or aid anyone to commit or plan to commit a crime or a…
      • § 982 There is no privilege under this article in a proceeding to commit either spouse or otherwise place him or his property, or both, under the control of another…
      • § 983 There is no privilege under this article in a proceeding brought by or on behalf of either spouse to establish his competence.
      • § 984 There is no privilege under this article in: (a) A proceeding brought by or on behalf of one spouse against the other spouse. (b) A proceeding between a…
      • § 985 There is no privilege under this article in a criminal proceeding in which one spouse is charged with: (a) A crime committed at any time against the person or…
      • § 986 There is no privilege under this article in a proceeding under the Juvenile Court Law, Chapter 2 (commencing with Section 200) of Part 1 of Division 2 of the…
      • § 987 There is no privilege under this article in a criminal proceeding in which the communication is offered in evidence by a defendant who is one of the spouses…
   7. ARTICLE 6. Physician-Patient Privilege §§ 990–1007 · 18 sections

      • § 990 As used in this article, “physician” means a person authorized, or reasonably believed by the patient to be authorized, to practice medicine in any state or…
      • § 991 As used in this article, “patient” means a person who consults a physician or submits to an examination by a physician for the purpose of securing a diagnosis…
      • § 992 As used in this article, “confidential communication between patient and physician” means information, including information obtained by an examination of the…
      • § 993 As used in this article, “holder of the privilege” means: (a) The patient when he has no guardian or conservator. (b) A guardian or conservator of the patient…
      • § 994 Subject to Section 912 and except as otherwise provided in this article, the patient, whether or not a party, has a privilege to refuse to disclose, and to…
      • § 995 The physician who received or made a communication subject to the privilege under this article shall claim the privilege whenever he is present when the…
      • § 996 There is no privilege under this article as to a communication relevant to an issue concerning the condition of the patient if such issue has been tendered by:…
      • § 997 There is no privilege under this article if the services of the physician were sought or obtained to enable or aid anyone to commit or plan to commit a crime…
      • § 998 There is no privilege under this article in a criminal proceeding.
      • § 999 There is no privilege under this article as to a communication relevant to an issue concerning the condition of the patient in a proceeding to recover damages…
      • § 1000 There is no privilege under this article as to a communication relevant to an issue between parties all of whom claim through a deceased patient, regardless of…
      • § 1001 There is no privilege under this article as to a communication relevant to an issue of breach, by the physician or by the patient, of a duty arising out of the…
      • § 1002 There is no privilege under this article as to a communication relevant to an issue concerning the intention of a patient, now deceased, with respect to a deed…
      • § 1003 There is no privilege under this article as to a communication relevant to an issue concerning the validity of a deed of conveyance, will, or other writing,…
      • § 1004 There is no privilege under this article in a proceeding to commit the patient or otherwise place him or his property, or both, under the control of another…
      • § 1005 There is no privilege under this article in a proceeding brought by or on behalf of the patient to establish his competence.
      • § 1006 There is no privilege under this article as to information that the physician or the patient is required to report to a public employee, or as to information…
      • § 1007 There is no privilege under this article in a proceeding brought by a public entity to determine whether a right, authority, license, or privilege (including…
   8. ARTICLE 7. Psychotherapist-Patient Privilege §§ 1010–1027 · 19 sections

      • § 1010 As used in this article, “psychotherapist” means a person who is, or is reasonably believed by the patient to be: (a) A person authorized to practice medicine…
      • § 1010.5 A communication between a patient and an educational psychologist, licensed under Chapter 13.5 (commencing with Section 4989.10) of Division 2 of the Business…
      • § 1011 As used in this article, “patient” means a person who consults a psychotherapist or submits to an examination by a psychotherapist for the purpose of securing…
      • § 1012 As used in this article, “confidential communication between patient and psychotherapist” means information, including information obtained by an examination…
      • § 1013 As used in this article, “holder of the privilege” means: (a) The patient when he has no guardian or conservator. (b) A guardian or conservator of the patient…
      • § 1014 Subject to Section 912 and except as otherwise provided in this article, the patient, whether or not a party, has a privilege to refuse to disclose, and to…
      • § 1015 The psychotherapist who received or made a communication subject to the privilege under this article shall claim the privilege whenever he is present when the…
      • § 1016 There is no privilege under this article as to a communication relevant to an issue concerning the mental or emotional condition of the patient if such issue…
      • § 1017 (a) There is no privilege under this article if the psychotherapist is appointed by order of a court to examine the patient, but this exception does not apply…
      • § 1018 There is no privilege under this article if the services of the psychotherapist were sought or obtained to enable or aid anyone to commit or plan to commit a…
      • § 1019 There is no privilege under this article as to a communication relevant to an issue between parties all of whom claim through a deceased patient, regardless of…
      • § 1020 There is no privilege under this article as to a communication relevant to an issue of breach, by the psychotherapist or by the patient, of a duty arising out…
      • § 1021 There is no privilege under this article as to a communication relevant to an issue concerning the intention of a patient, now deceased, with respect to a deed…
      • § 1022 There is no privilege under this article as to a communication relevant to an issue concerning the validity of a deed of conveyance, will, or other writing,…
      • § 1023 There is no privilege under this article in a proceeding under Chapter 6 (commencing with Section 1367) of Title 10 of Part 2 of the Penal Code initiated at…
      • § 1024 There is no privilege under this article if the psychotherapist has reasonable cause to believe that the patient is in such mental or emotional condition as to…
      • § 1025 There is no privilege under this article in a proceeding brought by or on behalf of the patient to establish his competence.
      • § 1026 There is no privilege under this article as to information that the psychotherapist or the patient is required to report to a public employee or as to…
      • § 1027 There is no privilege under this article if all of the following circumstances exist: (a) The patient is a child under the age of 16. (b) The psychotherapist…
   9. ARTICLE 8. Clergy Penitent Privileges §§ 1030–1034 · 5 sections

      • § 1030 As used in this article, a “member of the clergy” means a priest, minister, religious practitioner, or similar functionary of a church or of a religious…
      • § 1031 As used in this article, “penitent” means a person who has made a penitential communication to a member of the clergy.
      • § 1032 As used in this article, “penitential communication” means a communication made in confidence, in the presence of no third person so far as the penitent is…
      • § 1033 Subject to Section 912, a penitent, whether or not a party, has a privilege to refuse to disclose, and to prevent another from disclosing, a penitential…
      • § 1034 Subject to Section 912, a member of the clergy, whether or not a party, has a privilege to refuse to disclose a penitential communication if he or she claims…
   10. ARTICLE 8.5. Sexual Assault Counselor-Victim Privilege §§ 1035–1036.2 · 7 sections

       • § 1035 As used in this article, “victim” means a person who consults a sexual assault counselor for the purpose of securing advice or assistance concerning a mental,…
       • § 1035.2 As used in this article, “sexual assault counselor” means any of the following: (a) A person who is engaged in any office, hospital, institution, or center…
       • § 1035.4 As used in this article, “confidential communication between the sexual assault counselor and the victim” means information transmitted between the victim and…
       • § 1035.6 As used in this article, “holder of the privilege” means: (a) The victim when such person has no guardian or conservator. (b) A guardian or conservator of the…
       • § 1035.8 A victim of a sexual assault, whether or not a party, has a privilege to refuse to disclose, and to prevent another from disclosing, a confidential…
       • § 1036 The sexual assault counselor who received or made a communication subject to the privilege under this article shall claim the privilege if he or she is present…
       • § 1036.2 As used in this article, “sexual assault” includes all of the following: (a) Rape, as defined in Section 261 of the Penal Code. (b) Unlawful sexual…
   11. ARTICLE 8.7. Domestic Violence Counselor-Victim Privilege §§ 1037–1037.8 · 9 sections

       • § 1037 As used in this article, “victim” means any person who suffers domestic violence, as defined in Section 1037.7.
       • § 1037.1 (a) (1) As used in this article, “domestic violence counselor” means a person who is employed by a domestic violence victim service organization, as defined in…
       • § 1037.2 (a) As used in this article, “confidential communication” means any information, including, but not limited to, written or oral communication, transmitted…
       • § 1037.3 Nothing in this article shall be construed to limit any obligation to report instances of child abuse as required by Section 11166 of the Penal Code.
       • § 1037.4 As used in this article, “holder of the privilege” means: (a) The victim when he or she has no guardian or conservator. (b) A guardian or conservator of the…
       • § 1037.5 A victim of domestic violence, whether or not a party to the action, has a privilege to refuse to disclose, and to prevent another from disclosing, a…
       • § 1037.6 The domestic violence counselor who received or made a communication subject to the privilege granted by this article shall claim the privilege whenever he or…
       • § 1037.7 As used in this article, “domestic violence” means “domestic violence” as defined in Section 6211 of the Family Code.
       • § 1037.8 A domestic violence counselor shall inform a domestic violence victim of any applicable limitations on confidentiality of communications between the victim and…
   12. ARTICLE 8.8. Human Trafficking Caseworker-Victim Privilege §§ 1038–1038.3 · 4 sections

       • § 1038 (a) A trafficking victim, whether or not a party to the action, has a privilege to refuse to disclose, and to prevent another from disclosing, a confidential…
       • § 1038.1 (a) The court may compel disclosure of information received by a human trafficking caseworker that constitutes relevant evidence of the facts and circumstances…
       • § 1038.2 As used in this article, the following terms have the following meanings: (a) “Confidential communication” means all information, including, but not limited…
       • § 1038.3 Nothing in this article shall be construed as limiting any obligation to report instances of child abuse as required by Section 11166 of the Penal Code.
   13. ARTICLE 9. Official Information and Identity of Informer §§ 1040–1047 · 8 sections

       • § 1040 (a) As used in this section, “official information” means information acquired in confidence by a public employee in the course of his or her duty and not…
       • § 1041 (a) Except as provided in this section, a public entity has a privilege to refuse to disclose the identity of a person who has furnished information as…
       • § 1042 (a) Except where disclosure is forbidden by an act of the Congress of the United States, if a claim of privilege under this article by the state or a public…
       • § 1043 (a) In any case in which discovery or disclosure is sought of peace or custodial officer personnel records or records maintained pursuant to Section 832.5 of…
       • § 1044 Nothing in this article shall be construed to affect the right of access to records of medical or psychological history where such access would otherwise be…
       • § 1045 (a) This article does not affect the right of access to records of complaints, or investigations of complaints, or discipline imposed as a result of those…
       • § 1046 In any case, otherwise authorized by law, in which the party seeking disclosure is alleging excessive force by a peace officer or custodial officer, as defined…
       • § 1047 (a) Records of peace officers or custodial officers, as defined in Section 831.5 of the Penal Code, including supervisorial officers, who either were not…
   14. ARTICLE 10. Political Vote § 1050 · 1 section

       • § 1050 If he claims the privilege, a person has a privilege to refuse to disclose the tenor of his vote at a public election where the voting is by secret ballot…
   15. ARTICLE 11. Trade Secret §§ 1060–1063 · 4 sections

       • § 1060 If he or his agent or employee claims the privilege, the owner of a trade secret has a privilege to refuse to disclose the secret, and to prevent another from…
       • § 1061 (a) For purposes of this section, and Sections 1062 and 1063: (1) “Trade secret” means “trade secret,” as defined in subdivision (d) of Section 3426.1 of the…
       • § 1062 (a) Notwithstanding any other provision of law, in a criminal case, the court, upon motion of the owner of a trade secret, or upon motion by the People with…
       • § 1063 The following provisions shall govern requests to seal articles which are protected by a protective order entered pursuant to Evidence Code Section 1060 or…
5. CHAPTER 5. Immunity of Newsman From Citation for Contempt § 1070 · 1 section

   • § 1070 (a) A publisher, editor, reporter, or other person connected with or employed upon a newspaper, magazine, or other periodical publication, or by a press…