Also known as: privileges · privilegium
Written by attorneys · grounded in primary & secondary sources — see below
An exception to a general rule of liability or duty that permits conduct otherwise prohibited or subjects the actor to no liability under particular circumstances. The exception arises from a special legal right, exemption, or immunity granted to a person or class and excuses what would otherwise trigger responsibility.
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Patricia Patel, a new resident of State B, applied for a state-funded merchant licensing discount available only to long-term residents. State B denied the discount solely because Patricia had lived in the state for less than one year. The denial triggered review under the Privileges or Immunities Clause because the benefit constituted a protected privilege of state citizenship that could not be withheld on the basis of recent arrival.
Phoenix Technologies produced an email containing attorney work product during discovery. Upon realizing the production, Phoenix notified opposing counsel of the privilege claim and demanded return of the document. Opposing counsel was required to sequester the email and refrain from using it until the court resolved the claim.
Philip Powell was subpoenaed to testify about statements his wife made during their marriage. The court ruled that marital privilege applied and exempted Philip from testifying about those communications. Because the privilege rendered him unavailable, the prior statements became admissible under the hearsay exception for unavailable declarants.
Piper Patel, after leaving government service, sought to represent a private client adverse to a person about whom she had acquired confidential government information. The information could have been used to the material disadvantage of that person. Rule 1.11(c) therefore barred Piper from the representation.
Pilar Pena granted Peter Park permission to enter her land to retrieve equipment. After learning of the entry, Pilar revoked consent and notified Peter. The revocation terminated Peter's privilege to remain on the land, exposing him to trespass liability if he did not leave promptly.
Pierce Patterson's spouse was subpoenaed to disclose letters exchanged during their marriage. The court held that the communications were protected by the marital communications privilege. The government bore the burden of overcoming the presumption of confidentiality, and the letters remained shielded from compelled disclosure.
Attorney-client privilege protects confidential communications between lawyer and client made for the purpose of obtaining legal advice. Work-product protection shields materials prepared in anticipation of litigation and may be overcome by a showing of substantial need. The two protections serve distinct purposes and have different waiver rules.
A declarant is unavailable if the court rules that a privilege applies and the declarant is therefore exempted from testifying. The privilege must be validly asserted, and the court makes the preliminary determination under Rule 104(a).
…and the Louisville and Nashville Railroad, also a Kentucky corporation, wished that the former should have the exclusive privilege of soliciting passenger and baggage transportation at the Bowling Green, Kentucky, railroad station; and that the Black and White, a competing Kentucky corporation, should be prevented from…
…(b). The Court of Appeals indicated that a delinquency adjudication "is not a conviction' (§ 781); that it affects no right or privilege, including the right to hold public office or to obtain a license (§ 782); and a cloak of protective confidentiality is thrown around all the proceedings (§§ 783-784)." 24 N. Y. 2d, at 200,…
…and innocence does not suffer—requires access to relevant evidence in order to vindicate Sixth and Fifth Amendment guarantees. Privileges
…the prosecutor had engaged in a pattern of discrimination in the selection of jurors in a series of cases. Held: The State's privilege to strike individual jurors through peremptory challenges is subject to the commands of the Equal Protection Clause. Although a defendant has no right to a petit jury composed in whole or…
…the CLEC pricing model is "just ... nuts," and that the regulatory environment was too unstable to base a business plan on the privileges
The receiving party must promptly return, sequester, or destroy the information and must not use or disclose it until the claim is resolved. The party must also take reasonable steps to retrieve any information already disclosed and may present the matter to the court under seal.
Yes. The privilege protects confidential communications made during the marriage and continues even after the marriage ends. The protection applies to the content of the communications themselves rather than to the testimonial act.
The privilege ends when the consent is revoked and the actor knows or has reason to know of the revocation. It also terminates upon the happening of any event or lapse of time that restricts the consent.