California Evidence Code Section 916
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California Laws > Evidence Code > California Evidence Code Section 916
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 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
(1) He is otherwise instructed by a person authorized to permit
(2) The proponent of the evidence establishes that there is no
person authorized to claim the privilege in existence.
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Last modified: October 1, 2013