Utah R. Evid. 510

As amended through April 24, 2024
Rule 510 - Miscellaneous Matters
(a) Waiver of Privilege. A person who holds a privilege under these rules waives the privilege if the person or a previous holder of the privilege:
(1) voluntarily discloses or consents to the disclosure of any significant part of the matter or communication, or
(2) fails to take reasonable precautions against inadvertent disclosure. This privilege is not waived if the disclosure is itself a privileged communication.
(b) Inadmissibility of Disclosed Information. Evidence of a statement or other disclosure of privileged matter is not admissible against the holder of the privilege if disclosure was compelled erroneously or made without opportunity to claim the privilege.
(1) compelled erroneously or
(2) made without opportunity to claim the privilege.
(c) Comment or Inference Not Permitted. The claim of privilege, whether in the present proceeding or upon a prior occasion, is not a proper subject of comment by judge or counsel. No inference may be drawn from any claim of privilege.
(d) Claiming Privilege Without the Jury's Knowledge. To the extent practicable, jury cases shall be conducted to allow claims of privilege to be made without the jury's knowledge.
(e) Jury Instruction. Upon request, any party against whom the jury might draw an adverse inference from the claim of privilege is entitled to a jury instruction that no inference may be drawn from that claim of privilege.
(f) Privilege Against Self-Incrimination in Civil Cases. In a civil case, the provisions of paragraph (c)-(e) do not apply when the privilege against self-incrimination has been invoked.

Utah. R. Evid. 510

Advisory Committee Note. The language of this rule has been amended as part of the restyling of the Evidence Rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic only. There is no intent to change any result in any ruling on evidence admissibility.