Evid. Code, § 916 · Chapter 3. General Provisions Relating to Privileges
Evid. Code, § 916
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(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.
Notes and commentary — not statutory text
History
Enacted by Stats. 1965, Ch. 299.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EVID§ionNum=916.
- Text hash
- sha256 384936f9a993ad280e759a12d53934f110d3b2b9ae45aab08d01db3197e78e80
- Composed by
- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
Cited by 1 provision
Provisions in this library whose text cites Evid. Code, § 916. Each shows the citation as that text prints it.
Evidence Code
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.