Also known as: claims of privilege · claiming privilege · privilege claim · asserting privilege
Written by attorneys · grounded in primary & secondary sources — see below
An assertion by a party or witness that certain information, communications, or testimony is protected from compelled disclosure by a recognized legal privilege such as attorney-client or self-incrimination.
Continental Bank produced a batch of emails during discovery in a contract dispute with Compass Logistics. After review, Continental Bank notified Compass Logistics that several emails contained attorney-client communications and asserted a claim of privilege over them. Compass Logistics promptly returned the specified emails and refrained from using them while the court resolved the claim.
In a federal diversity suit governed by state contract law, Chloe Chen sought to introduce a confidential marital communication. The court applied state privilege rules to determine whether Craig Caldwell could successfully assert a claim of privilege to block the evidence.
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After receiving use and derivative-use immunity, a witness who had previously asserted a claim of privilege against self-incrimination answered questions before the grand jury. The grant of immunity removed the basis for the privilege claim and compelled the testimony.
A state prisoner refused to answer questions at a legislative hearing, asserting a claim of privilege against self-incrimination. The Supreme Court applied the federal standard to evaluate whether the state proceeding properly honored the claim.
The President filed a formal claim of privilege over subpoenaed Oval Office tapes sought by the special prosecutor. The district court reviewed the claim in camera to determine whether the privilege yielded to the demonstrated need for the evidence in a criminal proceeding.
The government called a defendant's spouse to testify about joint criminal activity. The spouse declined to assert a claim of privilege and chose to testify after receiving immunity, allowing the testimony to proceed over the defendant's objection.
The producing party notifies the receiving party of the claim and its basis. The recipient must then promptly return, sequester, or destroy the material and may not use it until the claim is resolved.
State law governs the privilege claim when state law supplies the rule of decision for the underlying claim or defense.
No. Testimony on one matter does not waive the privilege regarding questions that relate only to the witness's character for truthfulness.
The party opposing the privilege claim must rebut the presumption that spousal communications are confidential.
…Privileges are narrowly construed because they are in derogation of the search for truth. Accordingly, where the ground for asserting privilege as to materials subpoenaed for use in a criminal trial is only the generalized interest in confidentiality, it cannot prevail over the demonstrated, specific need for evidence in a pending…