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Evidence Code - EVID - EVID § 1015
Evidence Code - EVID - EVID § 1015
The psychotherapist who received or made a communication subject to the privilege under this article shall claim the privilege whenever he is present when the communication is sought to be disclosed and is authorized to claim the privilege under subdivision (c) of Section 1014.
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Evidence Code - EVID - EVID § 1016
Evidence Code - EVID - EVID § 1016
There is no privilege under this article as to a communication relevant to an issue concerning the mental or emotional condition of the patient if such issue has been tendered by: (a) The patient; (b) Any party claiming through or under the patient; (c) Any party claiming as a be
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Evidence Code - EVID - EVID § 1017
Evidence Code - EVID - EVID § 1017
(a) There is no privilege under this article if the psychotherapist is appointed by order of a court to examine the patient, but this exception does not apply where the psychotherapist is appointed by order of the court upon the request of the lawyer for the defendant in a crimin
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Evidence Code - EVID - EVID § 1018
Evidence Code - EVID - EVID § 1018
There is no privilege under this article if the services of the psychotherapist were sought or obtained to enable or aid anyone to commit or plan to commit a crime or a tort or to escape detection or apprehension after the commission of a crime or a tort.
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Evidence Code - EVID - EVID § 1019
Evidence Code - EVID - EVID § 1019
There is no privilege under this article as to a communication relevant to an issue between parties all of whom claim through a deceased patient, regardless of whether the claims are by testate or intestate succession or by inter vivos transaction.
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Evidence Code - EVID - EVID § 1020
Evidence Code - EVID - EVID § 1020
There is no privilege under this article as to a communication relevant to an issue of breach, by the psychotherapist or by the patient, of a duty arising out of the psychotherapist-patient relationship.
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Evidence Code - EVID - EVID § 1021
Evidence Code - EVID - EVID § 1021
There is no privilege under this article as to a communication relevant to an issue concerning the intention of a patient, now deceased, with respect to a deed of conveyance, will, or other writing, executed by the patient, purporting to affect an interest in property.
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Evidence Code - EVID - EVID § 1022
Evidence Code - EVID - EVID § 1022
There is no privilege under this article as to a communication relevant to an issue concerning the validity of a deed of conveyance, will, or other writing, executed by a patient, now deceased, purporting to affect an interest in property.
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Evidence Code - EVID - EVID § 1023
Evidence Code - EVID - EVID § 1023
There is no privilege under this article in a proceeding under Chapter 6 (commencing with Section 1367) of Title 10 of Part 2 of the Penal Code initiated at the request of the defendant in a criminal action to determine his sanity.
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Evidence Code - EVID - EVID § 1024
Evidence Code - EVID - EVID § 1024
There is no privilege under this article if the psychotherapist has reasonable cause to believe that the patient is in such mental or emotional condition as to be dangerous to himself or to the person or property of another and that disclosure of the communication is necessary to
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Evidence Code - EVID - EVID § 1025
Evidence Code - EVID - EVID § 1025
There is no privilege under this article in a proceeding brought by or on behalf of the patient to establish his competence.
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Evidence Code - EVID - EVID § 1026
Evidence Code - EVID - EVID § 1026
There is no privilege under this article as to information that the psychotherapist or the patient is required to report to a public employee or as to information required to be recorded in a public office, if such report or record is open to public inspection.
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Evidence Code - EVID - EVID § 1027
Evidence Code - EVID - EVID § 1027
There is no privilege under this article if all of the following circumstances exist: (a) The patient is a child under the age of 16. (b) The psychotherapist has reasonable cause to believe that the patient has been the victim of a crime and that disclosure of the communication i
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Evidence Code - EVID - EVID § 1030
Evidence Code - EVID - EVID § 1030
As used in this article, a “member of the clergy” means a priest, minister, religious practitioner, or similar functionary of a church or of a religious denomination or religious organization.
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Evidence Code - EVID - EVID § 1031
Evidence Code - EVID - EVID § 1031
As used in this article, “penitent” means a person who has made a penitential communication to a member of the clergy.
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Evidence Code - EVID - EVID § 1032
Evidence Code - EVID - EVID § 1032
As used in this article, “penitential communication” means a communication made in confidence, in the presence of no third person so far as the penitent is aware, to a member of the clergy who, in the course of the discipline or practice of the clergy member’s church, denominatio
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Evidence Code - EVID - EVID § 1033
Evidence Code - EVID - EVID § 1033
Subject to Section 912, a penitent, whether or not a party, has a privilege to refuse to disclose, and to prevent another from disclosing, a penitential communication if he or she claims the privilege.
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Evidence Code - EVID - EVID § 1034
Evidence Code - EVID - EVID § 1034
Subject to Section 912, a member of the clergy, whether or not a party, has a privilege to refuse to disclose a penitential communication if he or she claims the privilege.
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Evidence Code - EVID - EVID § 1035
Evidence Code - EVID - EVID § 1035
As used in this article, “victim” means a person who consults a sexual assault counselor for the purpose of securing advice or assistance concerning a mental, physical, or emotional condition caused by a sexual assault.
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Evidence Code - EVID - EVID § 1035.2
Evidence Code - EVID - EVID § 1035.2
As used in this article, “sexual assault counselor” means any of the following: (a) A person who is engaged in any office, hospital, institution, or center commonly known as a rape crisis center, whose primary purpose is the rendering of advice or assistance to victims of sexual
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Evidence Code - EVID - EVID § 1035.4
Evidence Code - EVID - EVID § 1035.4
As used in this article, “confidential communication between the sexual assault counselor and the victim” means information transmitted between the victim and the sexual assault counselor in the course of their relationship and in confidence by a means which, so far as the victim
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Evidence Code - EVID - EVID § 1035.6
Evidence Code - EVID - EVID § 1035.6
As used in this article, “holder of the privilege” means: (a) The victim when such person has no guardian or conservator. (b) A guardian or conservator of the victim when the victim has a guardian or conservator. (c) The personal representative of the victim if the victim is dead
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Evidence Code - EVID - EVID § 1035.8
Evidence Code - EVID - EVID § 1035.8
A victim of a sexual assault, whether or not a party, has a privilege to refuse to disclose, and to prevent another from disclosing, a confidential communication between the victim and a sexual assault counselor if the privilege is claimed by any of the following : (a) The holder
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Evidence Code - EVID - EVID § 1036
Evidence Code - EVID - EVID § 1036
The sexual assault counselor who received or made a communication subject to the privilege under this article shall claim the privilege if he or she is present when the communication is sought to be disclosed and is authorized to claim the privilege under subdivision (c) of Secti
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Evidence Code - EVID - EVID § 1036.2
Evidence Code - EVID - EVID § 1036.2
As used in this article, “sexual assault” includes all of the following: (a) Rape, as defined in Section 261 of the Penal Code. (b) Unlawful sexual intercourse, as defined in Section 261.5 of the Penal Code. (c) Rape in concert with force and violence, as defined in Section 264.1