PRIVILEGED COMMUNICATIONS

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PRIVILEGED COMMUNICATIONS
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Reason for Rule

• There are certain relationships where it is
  important to maintain and encourage
  confidentiality and thus court testimony
  prohibited as to confid communications and no
  inference can be drawn from assertion of privilege

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REQUIREMENTS

• There must be a confidential communication, and
• the appropriate relationship must have existed
  between the parties (Note what is the Public
  Policy behind each one being privileged?)
• Confidentiality can be lost by voluntary
  disclosure

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ATTY\CLIENT26-1-803

• Atty A person the client reasonably believes
  is licensed to practice
• Client A person who consults with atty to get
  legal advice
• Does not include future crimes
• Client holds privilege not atty

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HUSBAND\WIFE

• Two actual privileges
• Confidential communications 26-1-802 46-16-212
• Not to testify against each other 26-1-802 was
  amended in 2005 to eliminate this privilege (some
  states still have it)

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Confidential Communications

• Marriage required
• Covers communications during marriage
• Both spouses hold privilege
• Exceptions Crimes against spouse or children

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Privilege Not To Testify

• Marriage required
• Applies only while married
• Exceptions Crimes against spouse or their
  children

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PHYSICIAN\PATIENT26-1-805

• In Mt, only in civil cases

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CLERGY\PENITENT

• Clergy religious practitioner
• Penitent person making confession
• In Mt, held by penitent
• No exceptions in statute

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Identity of InformerRule 502

• Government can refuse to disclose identity of
  informers
• If judge decides informer can should testify,
  will order identity revealed or case dismissed.

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POLICE PERSONNEL FILES

• No statute in Mt provides for this privilege

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MEDIA PRIVILEGE26-1-901 to 26-1-903

• Covers all involved in gathering, writing,
  editing, or disseminating news from revealing
  information obtained through any of those
  activities
• Not a constitutional privilege!

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OTHER PRIVILEGES IN MONTANA

• Psychologist\Client 26-1-807
• Mediator Privilege 26-1-813
• Student\Educational Institution 26-1-809
• Public Officer 26-1-810