Cal. Evid. Code § 916

Current through the 2023 Legislative Session.
Section 916 - Absence of person authorized to claim privilege
(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.

Ca. Evid. Code § 916

Enacted by Stats. 1965, Ch. 299.