What is the test for making a claim of privilege?

California, United States of America


The following excerpt is from Warford v. Medeiros, 160 Cal.App.3d 1035, 207 Cal.Rptr. 94 (Cal. App. 1984):

However, we think there are valid reasons for requiring, as we do, that the trial court clearly state for the record the basis for its conclusion whether the claim of privilege (or, stated differently, the fear of incrimination) is reasonably asserted and valid with respect to each question propounded or document sought to be discovered that is in issue. (See Capitol Products Corporation v. Hernon, supra, 457 F.2d at p. 544.)

The order is reversed and remanded for further proceedings consistent with this opinion.

ROUSE and SMITH, JJ., concur.

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