Evidence Code section 916

(a)

The presiding officer, on his own motion or on the motion of any party, shall exclude information that is subject to a claim of privilege under this division if:

(1)

The person from whom the information is sought is not a person authorized to claim the privilege; and

(2)

There is no party to the proceeding who is a person authorized to claim the privilege.

(b)

The presiding officer may not exclude information under this section if:

(1)

He is otherwise instructed by a person authorized to permit disclosure; or

(2)

The proponent of the evidence establishes that there is no person authorized to claim the privilege in existence.

Source: Section 916, https://leginfo.­legislature.­ca.­gov/faces/codes_displaySection.­xhtml?lawCode=EVID§ionNum=916.­ (accessed Jun. 2, 2025).

Last Updated

May 12, 2025

§ 916’s source at ca​.gov