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California Evidence Code Section 916

Legal Research Home > 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
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.

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Last modified: March 17, 2014