The offer of a person of himself as a witness shall be deemed a consent to the examination. The offer of a wife, husband, attorney, clergyman, physician, surgeon, certified public accountant, or certified psychologist as a witness shall be deemed a consent to the examination, within the meaning of section 13-90-107 (1)(a) to (1)(d), (1)(f), and (1)(g).
Source: L. 1883: p. 291, § 4. G.S. § 3650. R.S. 08: § 7275. C.L. § 6564. CSA: C. 177, § 10. CRS 53: §153-1-8. C.R.S. 1963: § 154-1-8. L. 73: p. 1419, § 112.
ANNOTATION
Law reviews. For article, "Attorney-Client Privilege — the Colorado Law", see 12 Colo. Law. 766 (1983).
Express directions concerning the manner in which the protection of § 13-90-107 shall be waived are contained in this section. Weck v. District Court, 158 Colo. 521, 408 P.2d 987 (1965).
An effective waiver requires voluntary action based upon knowledge of consequences. Weck v. District Court, 158 Colo. 521, 408 P.2d 987 (1965).
Stockholders may not waive corporation's privilege. It does not lie within the power of a stockholder, or a minority of stockholders, or a majority of the stockholders to function in such manner as to bring about this statutory waiver. The discretion to waive the protection afforded by the statute can only be exercised by the governing officials of the corporation, namely, the officers or the board of directors Weck v. District Court, 158 Colo. 521, 408 P.2d 987 (1965).
Subsequent employment with corporation does not waive privilege. A witness does not waive his right to claim a privilege by accepting employment by a corporation several years prior to the commencement of an action in which an attempt is made to compel him to testify notwithstanding the privilege created by § 13-90-107(1)(f). Weck v. District Court, 158 Colo. 521, 408 P.2d 987 (1965).