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Section 916 Of Chapter 3. General Provisions Relating To Privileges From California Evidence Code >> Division 8. >> Chapter 3.
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.
(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.
