Disqualification By Reason Of Privilege Communication

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Disqualification By Reason Of Privilege Communication

The Following Persons Cannot Testify As To Matters Learned In
Confidence In The Following Cases:
1. The husband or the wife, during or after the marriage, cannot be
   examined without the consent of the other as to any communication
   received in confidence by one from the other during the marriage
   except in a civil case by one against the other, or in a criminal
   case for a crime committed by one against the other or the latter’s
   direct descendants or ascendants.

         Read: Marital Privilege

2. An attorney cannot, without the consent of his client, be examined
   as to any communication made by the client to him, or his advice
   given thereon in the course of, or with a view to, professional
   employment, nor can an attorney’s secretary, stenographer, or clerk
   be examined, without the consent of the client and his employer,
   concerning any fact the knowledge of which has been acquired in
   such capacity.

        Read: Attorney-Client Privilege

3. A person authorized to practice medicine, surgery or obstetrics
   cannot in a civil case, without the consent of the patient, be
   examined as to any evidence or treatment given by him or any
   information which he may have acquired in attending such patient
   in a professional capacity, which information was necessary to
   enable him to act in that capacity, and which would blacken the
   reputation of the patient.

        Read: Physician-Patient Privilege

4. A minister or priest cannot, without the consent of the patient, be
   examined as to any advice or treatment given by him or any
   information which he may have acquired in attending such patient in
   a professional capacity, which information was necessary to enable
   him to act in that capacity, and which would blacken the reputation
   of the patient.

        Read: Priest-Penitent Privilege

5. A public officer cannot be examined during his term of office or
   afterwards, as to communications made to him in official confidence,
   when the court finds that the public interest would suffer by the
   disclosure.

        Read: Public Officer Privilege

Objections under the disqualification rules can be invoked only by
the persons protected thereunder and may be waived by said persons in
the same manner, either expressly or impliedly.

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