0 chapters · 347 sections in this title.
Evid. Code § 1000 Section 1000
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There is no privilege under this article as to a communication relevant to an issue between parties all of whom claim through a deceased patient, regardless of whether the claims are by testate or intestate succession or by inter vivos transaction. (Enacted by Stats. 1965, Ch. 29…
Evid. Code § 1001 Section 1001
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There is no privilege under this article as to a communication relevant to an issue of breach, by the physician or by the patient, of a duty arising out of the physician-patient relationship. (Enacted by Stats. 1965, Ch. 299.)
Evid. Code § 1002 Section 1002
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There is no privilege under this article as to a communication relevant to an issue concerning the intention of a patient, now deceased, with respect to a deed of conveyance, will, or other writing, executed by the patient, purporting to affect an interest in property. (Enacted b…
Evid. Code § 1003 Section 1003
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There is no privilege under this article as to a communication relevant to an issue concerning the validity of a deed of conveyance, will, or other writing, executed by a patient, now deceased, purporting to affect an interest in property. (Enacted by Stats. 1965, Ch. 299.)
Evid. Code § 1004 Section 1004
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There is no privilege under this article in a proceeding to commit the patient or otherwise place him or his property, or both, under the control of another because of his alleged mental or physical condition. (Enacted by Stats. 1965, Ch. 299.)
Evid. Code § 1005 Section 1005
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There is no privilege under this article in a proceeding brought by or on behalf of the patient to establish his competence. (Enacted by Stats. 1965, Ch. 299.)
Evid. Code § 1006 Section 1006
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There is no privilege under this article as to information that the physician or the patient is required to report to a public employee, or as to information required to be recorded in a public office, if such report or record is open to public inspection. (Enacted by Stats. 1965…
Evid. Code § 1007 Section 1007
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There is no privilege under this article in a proceeding brought by a public entity to determine whether a right, authority, license, or privilege (including the right or privilege to be employed by the public entity or to hold a public office) should be revoked, suspended, termi…
Evid. Code § 1010 Section 1010
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As used in this article, “psychotherapist” means a person who is, or is reasonably believed by the patient to be: (a) A person authorized to practice medicine in any state or nation who devotes, or is reasonably believed by the patient to devote, a substantial portion of their ti…
Evid. Code § 1010.5 Section 1010.5
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A communication between a patient and an educational psychologist, licensed under Chapter 13.5 (commencing with Section 4989.10) of Division 2 of the Business and Professions Code, shall be privileged to the same extent, and subject to the same limitations, as a communication bet…
Evid. Code § 1011 Section 1011
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As used in this article, “patient” means a person who consults a psychotherapist or submits to an examination by a psychotherapist for the purpose of securing a diagnosis or preventive, palliative, or curative treatment of his mental or emotional condition or who submits to an ex…
Evid. Code § 1012 Section 1012
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As used in this article, “confidential communication between patient and psychotherapist” means information, including information obtained by an examination of the patient, transmitted between a patient and his psychotherapist in the course of that relationship and in confidence…
Evid. Code § 1013 Section 1013
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As used in this article, “holder of the privilege” means: (a) The patient when he has no guardian or conservator. (b) A guardian or conservator of the patient when the patient has a guardian or conservator. (c) The personal representative of the patient if the patient is dead. (E…
Evid. Code § 1014 Section 1014
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Subject to Section 912 and except as otherwise provided in this article, the patient, whether or not a party, has a privilege to refuse to disclose, and to prevent another from disclosing, a confidential communication between patient and psychotherapist if the privilege is claime…
Evid. Code § 1015 Section 1015
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The psychotherapist who received or made a communication subject to the privilege under this article shall claim the privilege whenever he is present when the communication is sought to be disclosed and is authorized to claim the privilege under subdivision (c) of Section 1014. (…
Evid. Code § 1016 Section 1016
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There is no privilege under this article as to a communication relevant to an issue concerning the mental or emotional condition of the patient if such issue has been tendered by: (a) The patient; (b) Any party claiming through or under the patient; (c) Any party claiming as a be…
Evid. Code § 1017 Section 1017
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(a) There is no privilege under this article if the psychotherapist is appointed by order of a court to examine the patient, but this exception does not apply where the psychotherapist is appointed by order of the court upon the request of the lawyer for the defendant in a crimin…
Evid. Code § 1018 Section 1018
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There is no privilege under this article if the services of the psychotherapist were sought or obtained to enable or aid anyone to commit or plan to commit a crime or a tort or to escape detection or apprehension after the commission of a crime or a tort. (Enacted by Stats. 1965,…
Evid. Code § 1019 Section 1019
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There is no privilege under this article as to a communication relevant to an issue between parties all of whom claim through a deceased patient, regardless of whether the claims are by testate or intestate succession or by inter vivos transaction. (Enacted by Stats. 1965, Ch. 29…
Evid. Code § 1020 Section 1020
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There is no privilege under this article as to a communication relevant to an issue of breach, by the psychotherapist or by the patient, of a duty arising out of the psychotherapist-patient relationship. (Enacted by Stats. 1965, Ch. 299.)
Evid. Code § 1021 Section 1021
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There is no privilege under this article as to a communication relevant to an issue concerning the intention of a patient, now deceased, with respect to a deed of conveyance, will, or other writing, executed by the patient, purporting to affect an interest in property. (Enacted b…
Evid. Code § 1022 Section 1022
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There is no privilege under this article as to a communication relevant to an issue concerning the validity of a deed of conveyance, will, or other writing, executed by a patient, now deceased, purporting to affect an interest in property. (Enacted by Stats. 1965, Ch. 299.)
Evid. Code § 1023 Section 1023
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There is no privilege under this article in a proceeding under Chapter 6 (commencing with Section 1367) of Title 10 of Part 2 of the Penal Code initiated at the request of the defendant in a criminal action to determine his sanity. (Enacted by Stats. 1965, Ch. 299.)
Evid. Code § 1024 Section 1024
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There is no privilege under this article if the psychotherapist has reasonable cause to believe that the patient is in such mental or emotional condition as to be dangerous to himself or to the person or property of another and that disclosure of the communication is necessary to…
Evid. Code § 1025 Section 1025
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There is no privilege under this article in a proceeding brought by or on behalf of the patient to establish his competence. (Enacted by Stats. 1965, Ch. 299.)
Evid. Code § 1026 Section 1026
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There is no privilege under this article as to information that the psychotherapist or the patient is required to report to a public employee or as to information required to be recorded in a public office, if such report or record is open to public inspection. (Enacted by Stats.…
Evid. Code § 1027 Section 1027
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There is no privilege under this article if all of the following circumstances exist: (a) The patient is a child under the age of 16. (b) The psychotherapist has reasonable cause to believe that the patient has been the victim of a crime and that disclosure of the communication i…
Evid. Code § 1030 Section 1030
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As used in this article, a “member of the clergy” means a priest, minister, religious practitioner, or similar functionary of a church or of a religious denomination or religious organization.
Evid. Code § 1031 Section 1031
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As used in this article, “penitent” means a person who has made a penitential communication to a member of the clergy.
Evid. Code § 1032 Section 1032
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As used in this article, “penitential communication” means a communication made in confidence, in the presence of no third person so far as the penitent is aware, to a member of the clergy who, in the course of the discipline or practice of the clergy member’s church, denominatio…
Evid. Code § 1033 Section 1033
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Subject to Section 912, a penitent, whether or not a party, has a privilege to refuse to disclose, and to prevent another from disclosing, a penitential communication if he or she claims the privilege.
Evid. Code § 1034 Section 1034
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Subject to Section 912, a member of the clergy, whether or not a party, has a privilege to refuse to disclose a penitential communication if he or she claims the privilege.
Evid. Code § 1035 Section 1035
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As used in this article, “victim” means a person who consults a sexual assault counselor for the purpose of securing advice or assistance concerning a mental, physical, or emotional condition caused by a sexual assault.
Evid. Code § 1035.2 Section 1035.2
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As used in this article, “sexual assault counselor” means any of the following: (a) A person who is engaged in any office, hospital, institution, or center commonly known as a rape crisis center, whose primary purpose is the rendering of advice or assistance to victims of sexual …
Evid. Code § 1035.4 Section 1035.4
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As used in this article, “confidential communication between the sexual assault counselor and the victim” means information transmitted between the victim and the sexual assault counselor in the course of their relationship and in confidence by a means which, so far as the victim…
Evid. Code § 1035.6 Section 1035.6
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As used in this article, “holder of the privilege” means: (a) The victim when such person has no guardian or conservator. (b) A guardian or conservator of the victim when the victim has a guardian or conservator. (c) The personal representative of the victim if the victim is dead…
Evid. Code § 1035.8 Section 1035.8
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A victim of a sexual assault, whether or not a party, has a privilege to refuse to disclose, and to prevent another from disclosing, a confidential communication between the victim and a sexual assault counselor if the privilege is claimed by any of the following : (a) The holder…
Evid. Code § 1036 Section 1036
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The sexual assault counselor who received or made a communication subject to the privilege under this article shall claim the privilege if he or she is present when the communication is sought to be disclosed and is authorized to claim the privilege under subdivision (c) of Secti…
Evid. Code § 1036.2 Section 1036.2
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As used in this article, “sexual assault” includes all of the following: (a) Rape, as defined in Section 261 of the Penal Code. (b) Unlawful sexual intercourse, as defined in Section 261.5 of the Penal Code. (c) Rape in concert with force and violence, as defined in Section 264.1…
Evid. Code § 1037 Section 1037
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As used in this article, “victim” means any person who suffers domestic violence, as defined in Section 1037.7.
Evid. Code § 1037.1 Section 1037.1
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(a) (1) As used in this article, “domestic violence counselor” means a person who is employed by a domestic violence victim service organization, as defined in this article, whether financially compensated or not, for the purpose of rendering advice or assistance to victims of do…
Evid. Code § 1037.2 Section 1037.2
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(a) As used in this article, “confidential communication” means any information, including, but not limited to, written or oral communication, transmitted between the victim and the counselor in the course of their relationship and in confidence by a means which, so far as the vi…
Evid. Code § 1037.3 Section 1037.3
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Nothing in this article shall be construed to limit any obligation to report instances of child abuse as required by Section 11166 of the Penal Code.
Evid. Code § 1037.4 Section 1037.4
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As used in this article, “holder of the privilege” means: (a) The victim when he or she has no guardian or conservator. (b) A guardian or conservator of the victim when the victim has a guardian or conservator, unless the guardian or conservator is accused of perpetrating domesti…
Evid. Code § 1037.5 Section 1037.5
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A victim of domestic violence, whether or not a party to the action, has a privilege to refuse to disclose, and to prevent another from disclosing, a confidential communication between the victim and a domestic violence counselor in any proceeding specified in Section 901 if the …
Evid. Code § 1037.6 Section 1037.6
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The domestic violence counselor who received or made a communication subject to the privilege granted by this article shall claim the privilege whenever he or she is present when the communication is sought to be disclosed and he or she is authorized to claim the privilege under …
Evid. Code § 1037.7 Section 1037.7
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As used in this article, “domestic violence” means “domestic violence” as defined in Section 6211 of the Family Code.
Evid. Code § 1037.8 Section 1037.8
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A domestic violence counselor shall inform a domestic violence victim of any applicable limitations on confidentiality of communications between the victim and the domestic violence counselor. This information may be given orally.
Evid. Code § 1038 Section 1038
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(a) A trafficking victim, whether or not a party to the action, has a privilege to refuse to disclose, and to prevent another from disclosing, a confidential communication, whether made orally, in writing, or otherwise conveyed, between the victim and a human trafficking casework…
Evid. Code § 1038.1 Section 1038.1
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(a) The court may compel disclosure of information received by a human trafficking caseworker that constitutes relevant evidence of the facts and circumstances involving a crime allegedly perpetrated against the victim and that is the subject of a criminal proceeding, if the cour…