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Simple English definitions for legal terms
testimonial privilege
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A quick definition of testimonial privilege:
Testimonial privilege is a legal right that allows a witness to refuse to testify about certain matters. This privilege overrides the witness's duty to disclose information, whether in court or by deposition. It is an evidentiary rule that gives a witness the option to not disclose relevant information, especially when it was originally communicated in a professional or confidential relationship. The assertion of this privilege can be overcome by proof that an otherwise privileged communication was made in the presence of a third party to whom the privilege would not apply.A more thorough explanation:
Testimonial privilege is a legal right that allows a witness to refuse to testify in court or provide information based on a claim of privilege. This privilege overrides a witness's duty to disclose matters within their knowledge, whether at trial or by deposition.
For example, a doctor-patient privilege allows a patient to exclude from discovery and evidence in a legal proceeding any confidential communication that they make to a physician for the purpose of diagnosis or treatment, unless the patient consents to the disclosure. This means that a doctor cannot be forced to testify about a patient's confidential medical information in court.
Another example is the attorney-client privilege, which protects the confidentiality of communications between a client and their attorney. This means that an attorney cannot be forced to disclose information that their client has shared with them in confidence.
Overall, testimonial privilege is an important legal protection that allows individuals to keep certain information confidential and avoid being forced to testify in court.