What is the test for denying a witness's privilege?

California, United States of America


The following excerpt is from Rosato v. Superior Court, 124 Cal.Rptr. 427, 51 Cal.App.3d 190 (Cal. App. 1975):

'(I)f the witness, upon interposing his claim, were required to prove the hazard in the sense in which a claim is usually required to be established in court, he would be compelled to surrender the very protection which the privilege is designed to guarantee. To sustain the privilege, it need only be evident from the implications of the question, in the setting in which it is asked, that a responsive answer to the question or an explanation of why it cannot be answered Might be dangerous because injurious disclosure Could result.' (Hoffman v. United States (1951) 341 U.S. 479, 486--487, 71 S.Ct. 814, 818, 95 L.Ed. 1118; emphasis added.)

Other Questions


Does a defendant waive privilege by not asserting privilege on cross-examination? (California, United States of America)
What is the meaning of a trust agreement where the beneficiary of the trust is denied or denied a right reserved to himself by the trustor? (California, United States of America)
What is the Defendant's claim that he was denied a hearing before an impartial judge because the trial court was predisposed to deny the recommendation for outpatient status? (California, United States of America)
What is attorney-client privilege and what is the test for privilege? (California, United States of America)
Can a witness at trial deny or deny that a defendant supplied him with marijuana? (California, United States of America)
Can a witness be denied privilege during the pendency of an appeal? (California, United States of America)
What is the test for denying a motion for a new trial on the grounds that the trial judge did not abuse his discretion in denying the motion under the first two grounds? (California, United States of America)
What is the test for denying or denying a witness's prior testimony? (California, United States of America)
Can a motion to deny a motion for judicial review be granted after a writ of appeal has been denied? (California, United States of America)
What is the privilege of attorney general's communications privilege? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.