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2021 California Code
Evidence Code - EVID
DIVISION 8 - PRIVILEGES
CHAPTER 3 - General Provisions Relating to Privileges
Section 916.
Universal Citation:
CA Ev Code § 916 (2021)
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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.
(Enacted by Stats. 1965, Ch. 299.)
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