What is the legal basis for refusing to give evidence in a civil case?

California, United States of America


The following excerpt is from People v. Memro, 214 Cal.Rptr. 832, 38 Cal.3d 658, 700 P.2d 446 (Cal. 1985):

One additional point must be made. Evidence Code section 1040 gives the agency in possession of the requested information a "formal privilege to refuse to divulge official information when the need to maintain its secrecy is greater than the need for disclosure in the interests of justice." (Pitchess v. Superior Court, supra, 11 Cal.3d at p. 538, fn. omitted, 113 Cal.Rptr. 897, 522 P.2d 305.)

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