What is the Evidence Code 950?

Asked by: Edmund Russel  |  Last update: August 25, 2023
Score: 4.7/5 (9 votes)

The attorney-client privilege (Evid C §§950–962) protects a client from disclosure of confidential communications between attorney and client. But not every communication between attorney and client is protected.

What is the California Evidence Code 950?

Code, § 950 et seq. The California Evidence Code provides that a client can refuse to share and prevent another from divulging confidential communication between the client and lawyer unless an exception applies.

What is the evidence code 959 in California?

There is no privilege under this article as to a communication relevant to an issue concerning the intention or competence of a client executing an attested document of which the lawyer is an attesting witness, or concerning the execution or attestation of such a document.

What is the Evidence Code 951?

Evidence Code Section 951 defines "client" as a person who directly or through an authorized representative, consults an attorney for the purpose of retaining the attorney or securing legal advice from the attorney in a profes- sional capacity.

What is Section 952 of the Evidence Code?

Evidence Code section 952 codifies the attorney-client privilege. The privilege generally applies to information confidentially transmitted between a client and their lawyer in the course of representation. As with any privileged communication, it is waived if voluntarily made in the presence of a third party.

California Evidence Code:702

26 related questions found

What is Section 702 Evidence Code?

702. (a) Subject to Section 801, the testimony of a witness concerning a particular matter is inadmissible unless he has personal knowledge of the matter. Against the objection of a party, such personal knowledge must be shown before the witness may testify concerning the matter.

What is the Evidence Code 954?

Evidence Code 954 Explained

Your attorney is required by law to refuse to divulge the contents of client communications if anyone asks them to, citing "attorney-client privilege:" You have the right to forbid your attorney (along with any relevant third parties) from disclosing information designated as confidential.

What is evidence code 915?

California Evidence Code § 915(a) expressly prohibits the disclosure of privileged information when an adversary challenges a claim of attorney-client privilege or the absolute work-product doctrine. California courts have held that a party claiming either of these privileges is not required to waive the privilege by ...

What is evidence code 940?

Evidence Code 940 EC – Privilege against self-incrimination. (“To the extent that such privilege exists under the Constitution of the United States or the State of California, a person has a privilege to refuse to disclose any matter that may tend to incriminate him.”).

What is evidence code 960?

Relatedly, Evidence Code Section 960 states that there is no privilege as to the intention of any deceased client regarding any conveyance of any interest in property.

What is California Evidence Code 1509?

Before it was repealed, section 1509 of the state evidence code provided that "secondary evidence" of the content of a writing, whether written or oral, may still be admissible despite the Best Evidence Rule, provided in general that the writing consists of numerous accounts or other writings and cannot be examined in ...

What is California Evidence Code 945?

945. When an indictment is found against a defendant not in custody, the same proceedings must be had as are prescribed in Sections 979 to 984, inclusive, against a defendant who fails to appear for arraignment.

What is Section 1157 of the California Evidence Code?


Evidence Code §1157 is a legislative response to the court's decision in Kenney v. Superior Court, (1967) 255 Cal. App. 2d 106, wherein the court sustained a plaintiff's malpractice claim to discovery of all hospital staff records including those records derived from peer review reports.

What is California Evidence Code 980?

Under Evidence Code § 980, “a spouse..., whether or not a party, has a privilege during the marital or domestic partnership relationship and afterwards to refuse to disclose, and to prevent another from disclosing, a communication if he or she claims the privilege and the communication was made in confidence between ...

What is California Evidence Code 972?

[1] Evidence Code section 972 provides: A married person does not have a privilege under this article in: (a) A proceeding brought by or on behalf of one spouse against the other spouse.

What is California Section 1010 of the Evidence Code?

1010. 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 time to the practice of psychiatry.

What is evidence code 904?

904. Every superior court, whenever in its opinion the public interest so requires, shall make and file with the jury commissioner an order directing a grand jury to be drawn.

What is evidence code 912?

Under Ev C § 912(a), the right to claim the attorney–client privilege is waived through sponsoring expert testimony that discloses a significant part of the confidential communications; where the expert's prospective testimony will necessarily disclose a “significant part” of the privileged communication to the expert, ...

What is evidence code 701?

Terms Used In California Evidence Code 701

(2) Incapable of understanding the duty of a witness to tell the truth. (b) In any proceeding held outside the presence of a jury, the court may reserve challenges to the competency of a witness until the conclusion of the direct examination of that witness. (Amended by Stats.

What is evidence code 977?

California Penal Code Section 977 PC allows defendants to waive their required presence in court for most misdemeanor proceedings. Penal Code 977 PC allows defendant's to waive their court appearance for misdemeanor cases. If you sign this waiver, you can appear "by counsel only" at most court appearances.

What is evidence code 402?

Under Evidence Code section 402, therefore, parties are provided a means by which preliminary facts can be presented, typically outside the presence of a jury. The judge, pursuant to Evidence Code section 400 et seq., initially makes determinations of preliminary facts.

What is evidence code 956?

Evidence Code section 956 provides that "[t]here is no privilege under this article if the services of the lawyer were sought or obtained to enable or aid anyone to commit or plan to commit a crime or a fraud." The proponent of the crime-fraud exception bears the burden of proof of the existence of crime or fraud.

What is evidence code 404?

This rule provides that evidence of other crimes, wrongs, or acts is not admissible to prove character but may be admissible for other specified purposes such as proof of motive.

What is evidence code 805?

Testimony in the form of an opinion that is otherwise admissible is not objectionable because it embraces the ultimate issue to be decided by the trier of fact.” (Evid. Code, § 805.)

What is evidence code 600?

Section 600 - Presumption and inference defined (a) A presumption is an assumption of fact that the law requires to be made from another fact or group of facts found or otherwise established in the action. A presumption is not evidence.