Section § 911

Explanation

This section says that generally, people do not have the right to refuse to testify or share information in court unless a specific law gives them that right. It means you can't refuse to be a witness, share information, or present items like documents if asked in a legal setting, unless there's a law that says you can.

Except as otherwise provided by statute:
(a)CA Evidence Code § 911(a) No person has a privilege to refuse to be a witness.
(b)CA Evidence Code § 911(b) No person has a privilege to refuse to disclose any matter or to refuse to produce any writing, object, or other thing.
(c)CA Evidence Code § 911(c) No person has a privilege that another shall not be a witness or shall not disclose any matter or shall not produce any writing, object, or other thing.

Section § 912

Explanation

This law explains when legal privileges, which protect confidential communications, can be waived. Generally, if someone with a privilege willingly discloses important information from a protected communication, or lets it be disclosed without objection, they waive the privilege. However, if multiple people share a privilege, one person waiving it doesn't affect the others' right to keep it. Also, sharing privileged communication in confidence for necessary purposes doesn't waive the privilege. Lastly, if the disclosure itself is considered privileged, it doesn't count as a waiver.

(a)CA Evidence Code § 912(a) Except as otherwise provided in this section, the right of any person to claim a privilege provided by Section 954 (lawyer-client privilege), 966 (lawyer referral service-client privilege), 980 (privilege for confidential marital communications), 994 (physician-patient privilege), 1014 (psychotherapist-patient privilege), 1033 (privilege of penitent), 1034 (privilege of clergy member), 1035.8 (sexual assault counselor-victim privilege), 1037.5 (domestic violence counselor-victim privilege), or 1038 (human trafficking caseworker-victim privilege) is waived with respect to a communication protected by the privilege if any holder of the privilege, without coercion, has disclosed a significant part of the communication or has consented to disclosure made by anyone. Consent to disclosure is manifested by any statement or other conduct of the holder of the privilege indicating consent to the disclosure, including failure to claim the privilege in any proceeding in which the holder has legal standing and the opportunity to claim the privilege.
(b)CA Evidence Code § 912(b) Where two or more persons are joint holders of a privilege provided by Section 954 (lawyer-client privilege), 966 (lawyer referral service-client privilege), 994 (physician-patient privilege), 1014 (psychotherapist-patient privilege), 1035.8 (sexual assault counselor-victim privilege), 1037.5 (domestic violence counselor-victim privilege), or 1038 (human trafficking caseworker-victim privilege), a waiver of the right of a particular joint holder of the privilege to claim the privilege does not affect the right of another joint holder to claim the privilege. In the case of the privilege provided by Section 980 (privilege for confidential marital communications), a waiver of the right of one spouse to claim the privilege does not affect the right of the other spouse to claim the privilege.
(c)CA Evidence Code § 912(c) A disclosure that is itself privileged is not a waiver of any privilege.
(d)CA Evidence Code § 912(d) A disclosure in confidence of a communication that is protected by a privilege provided by Section 954 (lawyer-client privilege), 966 (lawyer referral service-client privilege), 994 (physician-patient privilege), 1014 (psychotherapist-patient privilege), 1035.8 (sexual assault counselor-victim privilege), 1037.5 (domestic violence counselor-victim privilege), or 1038 (human trafficking caseworker-victim privilege), when disclosure is reasonably necessary for the accomplishment of the purpose for which the lawyer, lawyer referral service, physician, psychotherapist, sexual assault counselor, domestic violence counselor, or human trafficking caseworker was consulted, is not a waiver of the privilege.

Section § 913

Explanation

This law is about what happens when someone chooses not to testify or disclose certain information because they have the right to keep it private, which is called exercising a 'privilege.' It says that no one, including the judge or lawyers, is allowed to make comments about this choice, and no one should assume anything negative about the person who made this choice. This means that their decision not to testify cannot be used to question their honesty or the case's issues.

Also, if there's any risk that the jury might think negatively because of this choice, the court must tell the jury that they should not make any negative assumptions or think the person is less believable because they exercised this right.

(a)CA Evidence Code § 913(a) If in the instant proceeding or on a prior occasion a privilege is or was exercised not to testify with respect to any matter, or to refuse to disclose or to prevent another from disclosing any matter, neither the presiding officer nor counsel may comment thereon, no presumption shall arise because of the exercise of the privilege, and the trier of fact may not draw any inference therefrom as to the credibility of the witness or as to any matter at issue in the proceeding.
(b)CA Evidence Code § 913(b) The court, at the request of a party who may be adversely affected because an unfavorable inference may be drawn by the jury because a privilege has been exercised, shall instruct the jury that no presumption arises because of the exercise of the privilege and that the jury may not draw any inference therefrom as to the credibility of the witness or as to any matter at issue in the proceeding.

Section § 914

Explanation

This section explains how claims of privilege are determined in a proceeding. A presiding officer will handle it just like a court does for similar claims in other scenarios.

If someone refuses to reveal information because they say it's privileged, they can't be punished for that unless a court orders them to disclose it and they still refuse. However, this rule doesn't apply to government agencies with special contempt powers, or certain hearings like those by the Industrial Accident Commission. If no specific rules apply, a particular court procedure is followed to decide if disclosure is needed.

(a)CA Evidence Code § 914(a) The presiding officer shall determine a claim of privilege in any proceeding in the same manner as a court determines such a claim under Article 2 (commencing with Section 400) of Chapter 4 of Division 3.
(b)CA Evidence Code § 914(b) No person may be held in contempt for failure to disclose information claimed to be privileged unless he has failed to comply with an order of a court that he disclose such information. This subdivision does not apply to any governmental agency that has constitutional contempt power, nor does it apply to hearings and investigations of the Industrial Accident Commission, nor does it impliedly repeal Chapter 4 (commencing with Section 9400) of Part 1 of Division 2 of Title 2 of the Government Code. If no other statutory procedure is applicable, the procedure prescribed by Section 1991 of the Code of Civil Procedure shall be followed in seeking an order of a court that the person disclose the information claimed to be privileged.

Section § 915

Explanation

This law explains how a court should handle claims of privileged information, such as attorney work product, during legal proceedings. Normally, a court officer cannot ask for this information to be disclosed just to decide if it's legitimately privileged. However, if a special type of hearing (as per Section 1524 of the Penal Code) finds no other way to decide the claim without disclosure, the court follows a specific process.

In these instances, the court may ask for the information to be shared privately in the judge's chambers, but only with people who are authorized or are okay with being there. If the judge decides the information is indeed privileged, it must remain confidential and cannot be shared without permission.

(a)CA Evidence Code § 915(a) Subject to subdivision (b), the presiding officer may not require disclosure of information claimed to be privileged under this division or attorney work product under subdivision (a) of Section 2018.030 of the Code of Civil Procedure in order to rule on the claim of privilege; provided, however, that in any hearing conducted pursuant to subdivision (c) of Section 1524 of the Penal Code in which a claim of privilege is made and the court determines that there is no other feasible means to rule on the validity of the claim other than to require disclosure, the court shall proceed in accordance with subdivision (b).
(b)CA Evidence Code § 915(b) When a court is ruling on a claim of privilege under Article 9 (commencing with Section 1040) of Chapter 4 (official information and identity of informer) or under Section 1060 (trade secret) or under subdivision (b) of Section 2018.030 of the Code of Civil Procedure (attorney work product) and is unable to do so without requiring disclosure of the information claimed to be privileged, the court may require the person from whom disclosure is sought or the person authorized to claim the privilege, or both, to disclose the information in chambers out of the presence and hearing of all persons except the person authorized to claim the privilege and any other persons as the person authorized to claim the privilege is willing to have present. If the judge determines that the information is privileged, neither the judge nor any other person may ever disclose, without the consent of a person authorized to permit disclosure, what was disclosed in the course of the proceedings in chambers.

Section § 916

Explanation

This rule is about excluding evidence in a legal proceeding when that evidence is protected by a privilege, which means it can't be disclosed without permission. The judge must keep out any privileged information if the person asked to provide the information isn't allowed to claim the privilege, and there's no one else involved in the case who can claim it either. However, if someone who can allow the information to be disclosed says it's okay, or if there's nobody who can claim the privilege, then the judge can let the information be used.

(a)CA Evidence Code § 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)CA Evidence Code § 916(a)(1) The person from whom the information is sought is not a person authorized to claim the privilege; and
(2)CA Evidence Code § 916(a)(2) There is no party to the proceeding who is a person authorized to claim the privilege.
(b)CA Evidence Code § 916(b) The presiding officer may not exclude information under this section if:
(1)CA Evidence Code § 916(b)(1) He is otherwise instructed by a person authorized to permit disclosure; or
(2)CA Evidence Code § 916(b)(2) The proponent of the evidence establishes that there is no person authorized to claim the privilege in existence.

Section § 917

Explanation

This law states that if someone claims a privilege—like lawyer-client or doctor-patient confidentiality—the communication is presumed to be private. It's the job of the opposing side to prove otherwise. Even if these communications are done electronically, they remain private, and this doesn't change just because others might be able to access them electronically.

(a)CA Evidence Code § 917(a) If a privilege is claimed on the ground that the matter sought to be disclosed is a communication made in confidence in the course of the lawyer-client, lawyer referral service-client, physician-patient, psychotherapist-patient, clergy-penitent, marital or domestic partnership, sexual assault counselor-victim, domestic violence counselor-victim, or human trafficking caseworker-victim relationship, the communication is presumed to have been made in confidence and the opponent of the claim of privilege has the burden of proof to establish that the communication was not confidential.
(b)CA Evidence Code § 917(b) A communication between persons in a relationship listed in subdivision (a) does not lose its privileged character for the sole reason that it is communicated by electronic means or because persons involved in the delivery, facilitation, or storage of electronic communication may have access to the content of the communication.
(c)CA Evidence Code § 917(c) For purposes of this section, “electronic” has the same meaning provided in Section 1633.2 of the Civil Code.

Section § 918

Explanation

This law explains when someone can argue that a court made a mistake by not allowing a claim of privilege. Generally, only the person who holds the privilege can make this argument. However, if the privilege involves a spouse, like refusing to testify against each other, a person can argue for their spouse's privilege even if it's not their own.

A party may predicate error on a ruling disallowing a claim of privilege only if he is the holder of the privilege, except that a party may predicate error on a ruling disallowing a claim of privilege by his spouse under Section 970 or 971.

Section § 919

Explanation

This section explains that if privileged information is disclosed even though it shouldn't have been, that information cannot be used against the person who holds the privilege. This can happen if the privilege was claimed correctly, but an error was made, or if the judge wrongly allowed it as evidence. Additionally, just because the person didn't fight the decision or bring it up for review, it doesn't mean they consented; the disclosure is considered forced and doesn't mean they gave up their privilege.

(a)CA Evidence Code § 919(a) Evidence of a statement or other disclosure of privileged information is inadmissible against a holder of the privilege if:
(1)CA Evidence Code § 919(a)(1) A person authorized to claim the privilege claimed it but nevertheless disclosure erroneously was required to be made; or
(2)CA Evidence Code § 919(a)(2) The presiding officer did not exclude the privileged information as required by Section 916.
(b)CA Evidence Code § 919(b) If a person authorized to claim the privilege claimed it, whether in the same or a prior proceeding, but nevertheless disclosure erroneously was required by the presiding officer to be made, neither the failure to refuse to disclose nor the failure to seek review of the order of the presiding officer requiring disclosure indicates consent to the disclosure or constitutes a waiver and, under these circumstances, the disclosure is one made under coercion.

Section § 920

Explanation

This section makes it clear that the rules outlined here do not override or cancel out any other existing laws about privileges.

Nothing in this division shall be construed to repeal by implication any other statute relating to privileges.