I. ATTENDANCE AND COMPENSATION
A. [§1] Who May Compel Attendance.
B. When Witnesses Must Attend.
1. Civil Cases.
(a) [§2] Witness Residing in County.
(b)
[§3] Witness Residing
(c) [§4] Law Enforcement Officers.
(d) [§5] Other State Employees.
2. Criminal Cases.
(a) [§6] Defendant's Constitutional Right.
(b) [§7] Territorial Limitations on Compulsory Attendance.
(c) [§8] Undertaking To Appear.
(d) Out-of-State Witnesses: Uniform Act.
(1) [§9] Nature of Act.
(2) [§10] Certificate as Prima Facie Evidence.
(3) [§11] Limitation of Cumulative Evidence.
(4) [§12] No Attorneys' Fees for Successful Resistance.
3. [§13] Prisoners.
C. [§14] Protection Against Reprisal.
D. Compensation of Ordinary Witnesses.
1. [§15] In General.
2. [§16] Statutory Fees and Mileage in Civil Cases.
3. [§17] Fees and Mileage in Criminal Cases.
4. [§18] Grand Jury, Coroner's Jury, and Juvenile Court.
5. [§19] Payment of Extra Compensation.
E. [§20] Compensation of In-Custody Informants.
F. Attendance and Compensation of Experts.
1. Right to Reasonable and Customary Compensation.
(a) [§21] Former Rule Denying Extra Compensation.
(b) [§22] Abrogation of Rule.
2. [§23] Right to Agreed Compensation.
G. Procedure.
1. Subpena.
(a) [§24] Nature and Form.
(b) [§25] Issuance.
(c) Service.
(1) [§26] In General.
(2) [§27] Special Rules.
(d) Penalties for Failure To Obey.
(1) Contempt.
(aa) [§28] In General.
(bb) [§29] Refusal To Answer Proper Questions.
(cc) [§30] Case No Longer Pending.
(2) [§31] Arrest.
(3) [§32] Statutory Penalty and Damages.
(e) [§33] Special Agreement To Appear.
(f) [§34] Quashing Subpena.
2. [§35] Compelled Testimony Without Subpena.
3. [§36] Notice to Attorney for Party Witness.
II. COMPETENCY OF WITNESSES
A. Abolished Grounds of Disqualification.
1. Common Law Grounds.
(a) [§37] General Rule.
(b) [§38] Exceptions and Distinctions.
2. Dead Man Statute.
(a) [§39] Nature of Former Rule.
(b) [§40] Repeal of Statute.
B. Remaining Grounds of Disqualification.
1. Capacity To Understand and Express.
(a) [§41] In General.
(b) Children.
(1) [§42] Former Law: Age 10 Distinction.
(2) [§43] Abrogation of Age Distinction.
(3) [§44] Medical Records of Child Witness.
(c) [§45] Insane Persons.
2. Personal Knowledge.
(a) [§46] In General.
(b) [§47] Hearsay Rule Distinguished.
3. [§48] Examination, Determination, and Review.
C. Judge Presiding.
1. Disqualification by Objection.
(a) [§49] Nature of Problem.
(b) [§50] Uniform Rule and Evidence Code.
(c) [§51] Testimony in Subsequent Proceeding.
2. [§52] Procedure Where No Objection.
D. [§53] Juror.
E. Attorney.
1. Civil Cases.
(a) [§54] Attorney as Witness for Client.
(b) [§55] Opposing Attorney Called as Witness.
2. Criminal Cases.
(a) [§56] Prosecutor as Witness.
(b) [§57] Defense Counsel as Witness for Defendant.
(c) [§58] Defense Counsel Called by Prosecution.
III. PRIVILEGE: IN GENERAL
A. [§59] Nature of Rules of Privilege.
B. Privileges Statutory.
1. [§60] General Rule.
2. Illustrations.
(a) [§61] General Duty To Testify.
(b) [§62] Nonstatutory Privileges Rejected.
(c) [§63] Distinction: Consular Privilege Under Treaty.
3. [§64] Nonstatutory Exceptions to Privilege Rejected.
C. [§65] Scope and Construction of Division 8.
D. [§66] Eavesdroppers and Other Interceptors.
E. Waiver by Disclosure or Consent.
1. What Constitutes Waiver.
(a) [§67] In General.
(b) Advance Waiver by Contract.
(1) [§68] Insurance Contracts.
(2) [§69] Other Contracts.
(c) Failure To Claim.
(1) [§70] What Constitutes Waiver.
(2) Conduct Not Amounting to Waiver.
(aa) [§71] Nonparty Client's Failure To Appear.
(bb) [§72] Disclosure of Subject Matter.
(bb-1) [§72A] (New) Designation of Party as Expert Witness.
(cc) [§73] Issuance of Subpena.
(d) [§74] Presence of Third Parties.
(e) Voluntary Disclosure to Third Person.
(1) [§75] In General.
(2) [§76] Distinctions.
(f) [§77] Refreshing Recollection With Communication.
(g) [§78] Attorney's Knowledge of Facts.
(h) [§79] Attorney's Investigation Used as Defense in Discrimination Case.
(i) [§80] Other Illustrations.
2. Exceptions to Waiver Rule.
(a) [§81] Where Privilege Is Joint.
(b) [§82] Where Disclosure Itself Privileged.
(c) Necessary Confidential Disclosure.
(1) [§83] Nature of Exception.
(2) [§84] Clarifications and Distinctions.
F. Claim and Determination of Privilege.
1. Presumption of Confidentiality.
(a) [§85] In General.
(b) [§86] Necessity of Preliminary Proof That Privilege Exists.
2. Disclosure to Court.
(a) [§87] General Rule: No Compelled Disclosure.
(b) Exceptions: Required Disclosure to Judge.
(1) [§88] Statutory Basis.
(2) [§89] Constitutional Basis.
(3) [§90] Basis in Federal Common Law.
(c) [§91] Judge's Discretion To Deny In Camera Hearing.
3. [§92] Exclusion by Presiding Officer.
4. Effect of Overruling Claim.
(a) [§93] Claim Overruled in Present Proceeding.
(b) [§94] Claim Overruled in Prior Proceeding.
G. No Comment or Inference.
1. [§95] Former Law.
2. [§96] Evidence Code.
3. [§97] Illustrations.
IV. LAWYER-CLIENT PRIVILEGE
A. General Principles.
1. [§98] Nature of Privilege.
2. [§99] Liberal or Strict Construction.
3. [§100] Communications by Prisoners.
B. Lawyer Licensed or Believed Licensed.
1. [§101] General Requirement.
2. [§102] Exception: Client's Reasonable Belief.
3. [§103] Exception: Representative in AFDC Hearing.
C. Holder of the Privilege.
1. Client.
(a) [§104] Privilege Belongs to Client.
(b) [§105] Who Is Client in General.
(c) [§106] Corporation as Client.
2. [§107] Representative or Successor.
D. Communication.
1. [§108] Information or Advice.
2. [§109] Information Acquired Through Communication.
3. Distinction: Knowledge Without Communication.
(a) [§110] In General.
(b) [§111] Identity of Client.
(c) [§112] Knowledge of Client's Agent.
E. In Course of Relationship.
1. Professional Consultation.
(a) [§113] In General.
(b) [§114] Statement of Indigency to Public Defender.
(c) [§115] Termination or Continuation of Relationship.
2. Nonprofessional Employment or Consultation.
(a) [§116] In General.
(b) [§117] Client's Denial of Consultation.
(c) [§118] Attorney's Refusal To Represent Client.
F. Confidential Disclosure.
1. [§119] General Requirement.
2. [§120] Requirement Excused.
3. [§121] Presence of Third Persons.
4. Communication to Lawyer's Agent.
(a) [§122] In General.
(b) [§123] Guardian Ad Litem as Agent.
5. Communication by Client's Agent.
(a) [§124] Agent of Natural Person.
(b) Employee of Corporation or Public Entity.
(1) [§125] In General.
(2) [§126] Control Group Test Repudiated.
(c) [§127] Agent Who Is Also Party.
6. Writings Transmitted to Attorney.
(a) [§128] Existing Papers Not Privileged.
(b) Reports Prepared for Litigation.
(1) [§129] Nature of Problem.
(2) [§130] Governing Law: Dominant Purpose Test.
(3) [§131] Report Must Emanate From Client.
(4) Where Corporation or Similar Entity Is Client.
(aa) [§132] Chadbourne Criteria.
(bb) [§133] Illustrations: Report Privileged.
(cc) [§134] Illustrations: Report Not Privileged.
(c) [§135] Distinction: Photograph or Film.
(d) [§136] Distinction: Expert Opinion.
7. Attorney's Work Product.
(a) Federal Hickman Rule.
(1) [§137] Statement of Rule.
(2) [§138] Scope of Rule.
(b)
[§139]
(c) [§140] Statutory Work Product Rule.
(d) Scope and Application of Rule.
(1) [§141] In General.
(2) [§142] Attorney Is Holder of Privilege.
(3) [§143] Crime-Fraud Exception Inapplicable.
(4) [§144] Work Product After Delivery to Client.
(5) [§145] Opinion of Expert Consultant.
(6) Identity of Lay Witnesses.
(aa) [§146] Conditional Protection.
(bb) [§147] Distinction: Disclosure of Witness Lists at Pretrial Conference.
(7) [§148] Writings of Lawyer-Negotiator.
(e) [§149] Rule Inapplicable.
(f) [§150] Waiver of Work Product Privilege.
8. Waiver of Attorney-Client Privilege.
(a) [§151] Implied and Express Waiver.
(b) [§152] Information and Advice From Attorney.
G. Exceptions to the Privilege.
1. Contemplated Crime or Fraud.
(a) Scope of Exception.
(1) [§153] Nature of Exception.
(2) [§154] Evidence Code.
(3) [§155] Physical Evidence of Completed Crime.
(4) [§156] Fraud in Defending Insurance Bad Faith Action.
(b) Procedure.
(1) [§157] Foundation.
(2) [§158] Where Evidence Seized Pursuant to Warrant.
(3) [§159] Federal Common Law.
2. [§160] Parties Claiming Through Deceased Client.
3. Breach of Duty.
(a) [§161] In General.
(b) [§162] Challenge of Competency of Counsel.
4. [§163] Lawyer as Attesting Witness.
5. [§164] Deceased Client's Dispositive Instrument.
6. Joint Clients.
(a) [§165] General Rule for Civil Proceeding.
(b) Action by Insured Against Insurer.
(c) [§168] No Waiver in Criminal Case.
1. [§166] In General.
2. [§167] Exception Not Applicable.
V. HUSBAND-WIFE PRIVILEGE
A. Privilege Not To Testify Against Spouse.
1. [§169] In General.
2. [§170] Federal Rule: Hawkins and Trammel.
3. Condition: Valid Marriage.
(a) [§171] General Rule on Void Marriage.
(b) [§172] Divorce or Annulment.
(c) [§173] Nonmarital Relationship.
4. Scope.
(a) [§174] Witness Spouse Alone Privileged.
(b) [§175] Privilege Not To Be Called.
(c) [§176] Witness Must Testify for Spouse.
5. Exceptions to the Privilege.
(a) [§177] In General.
(b) Civil Proceedings.
(1) [§178] Proceeding Between Spouses.
(2) [§179] Commitment and Competency Proceedings.
(3) [§180] Proceeding by Former Spouse, Other Parent, or Guardian.
(c) Criminal Proceedings.
(1) [§181] In General.
(2) [§182] Crime Against Other Spouse, Child, Parent, Relative, or Cohabitant.
(d) [§183] Proceedings Arising From Premarital Criminal Acts.
6. Waiver by Testimony or Interest.
(a) [§184] Testimony by Spouse.
(b) Direct Interest in Proceeding.
(1) [§185] In General.
(2) [§186] "Immediate Benefit."
B. Privilege for Confidential Marital Communications.
1. [§187] Nature and Distinctions.
2. Scope.
(a) [§188] Both Spouses May Claim.
(b) [§189] During Marriage and Afterwards.
(c) [§190] Communication.
(d) Confidential Disclosure.
(1) [§191] Statutory Requirement.
(2) [§192] Loss of Confidentiality.
3. Exceptions to the Privilege.
(a) [§193] Civil Proceedings.
(b) [§194] Criminal Proceedings.
(c) [§195] Other Exceptions.
VI. PHYSICIAN-PATIENT PRIVILEGE
A. General Principles.
1. [§196] Nature of Privilege.
2. [§197] Liberal or Strict Construction.
B. [§198] Physician Licensed or Believed Licensed.
C. Holder of the Privilege.
1. [§199] Patient, Representative, or Successor.
2. [§200] Third-Party Recipient of Communication.
D. Confidential Communication.
1. [§201] In Course of Relationship.
2. Confidential Information.
(a) [§202] Information Transmitted or Obtained.
(b) [§203] Confidential Disclosure.
E. Exceptions to the Privilege.
1. Patient-Litigant.
(a) [§204] Issue Tendered by Patient.
(b) [§205] Issue Tendered by Others.
2. [§206] Criminal, Disciplinary, and Competency Proceedings.
3. [§207] Contemplated or Committed Crime or Tort.
4. Damage Suit: Good Cause for Disclosure.
(a) [§208] In General.
(b) [§209] Illustrations.
5. [§210] Other Exceptions.
VII. PSYCHOTHERAPIST-PATIENT PRIVILEGE
A. Nature of Privilege.
1. [§211] Former Law and Criticism.
2. Evidence Code Restatement.
(a) [§212] In General.
(b) [§213] Criminal Proceedings.
(c) [§214] No Exception for Lanterman-Petris-Short Act Records.
B. [§215] Definition of Psychotherapist.
C. [§216] Definition of Patient.
D. [§217] Holder.
E. Confidential Communication.
1. [§218] In General.
2. [§219] Communication by Parent of Patient.
3. Identity of Patient Privileged.
(a) [§220] In General.
(b) [§221] Distinction: Where Need for Disclosure Is Great.
4. [§222] Patient's Constitutional Right of Privacy.
F. Exceptions to the Privilege.
1. [§223] Those Similar to Physician-Patient Exceptions.
2. [§224] Partial Waiver Through Litigation.
3. [§225] Insanity Defense in Criminal Action.
4. Dangerous Patient.
(a) [§226] Nature of Exception.
(b) [§227] Balancing Test: Tarasoff Case.
(c) [§228] Other Illustrations.
(d) [§229] In Camera Inspection.
(e) [§230] Statutory Authority and Duty.
5. Psychotherapist Appointed by Court or Prison Board.
(a) [§231] Applicability of Exception.
(b) [§232] Where Criminal Defendant Requests Appointment.
(c) [§233] Where Prosecution Requests Appointment.
6. [§234] Report of Child Abuse or Neglect.
7. [§235] Criminal Defendant's Confrontation Rights.
8. [§236] Coroner's Inquiry Into Decedent's Death.
G. [§237] Overlapping of Privileges.
VIII. CLERGY-PENITENT PRIVILEGE
A. [§238] Nature of Privilege.
B. [§239] Privileges of Penitent and Clergyman.
C. [§240] Communications Not Privileged.
IX. SEXUAL ASSAULT VICTIM-COUNSELOR PRIVILEGE
A. [§241] Nature of Privilege.
B. [§242] Procedure for Disclosure.
X. DOMESTIC VIOLENCE VICTIM-COUNSELOR PRIVILEGE
A. [§243] Nature of Privilege.
B. [§244] Procedure for Disclosure.
X-A. HUMAN TRAFFICKING VICTIM-CASEWORKER PRIVILEGE
A. [§244A] (New) Nature of Privilege.
B. [§244B] (New) Procedure for Disclosure.
XI. PRIVILEGE FOR OFFICIAL INFORMATION
A. Nature and Purpose of Privilege.
1. [§245] State Secrets.
2. [§246] Official Information.
3. [§247] Absolute and Conditional Privilege.
B. [§248] Claim and Waiver.
C. Determination and Sanction.
1. Civil Case: Disclosure to Judge.
(a) [§249] General Rule: Showing of Necessity Required.
(b) [§250] Procedure.
(c) [§251] No Dismissal of Action.
2. Criminal Case: Dismissal or Adverse Finding.
(a) [§252] General Rule.
(b) [§253] Illustrations.
(c) [§254] Balancing Process.
D. Privilege for Taxpayer's Statements and Returns.
1. Privileged Matters.
(a) [§255] Original Statements and Returns.
(b) [§256] Copies of Tax Returns.
(c) [§257] Information From Tax Consultants.
2. Exceptions.
(a) [§258] In General.
(b) [§259] Family Law Proceedings.
(c) [§260] IRS Examination of Accountant's Audit.
(d) [§260A] (New) Punitive Damages Claim.
3. [§261] Waiver.
E. Privilege for Confidential Business Information.
1. [§262] In General.
2. [§263] Reporting Party May Not Waive Privilege.
F. Privilege for Criminal History Records and Related Matters.
1. [§264] In General.
2. [§265] Statements in Connection With Deferred Entry of Judgment or Pretrial Diversion.
3. [§266] Minor's Criminal or Juvenile Court Records.
4. [§267] Statements to Police About Alleged Rape.
5. [§268] Surveillance Location Privilege.
G. [§269] Confidential Records of Licensing Board.
H. [§270] Confidential Records of State Bar.
I. Confidential Records of Social Service and General Assistance Programs.
1. [§271] Privileged Matters.
2. [§272] Clarifications and Distinctions.
J. Confidentiality of Compulsory Vehicle Accident Reports.
1. [§273] Confidential Matters.
2. [§274] Exceptions and Distinctions.
3. [§275] Reports and Data Generated.
4. [§276] Discovery by Criminal Defendant.
K. [§277] Confidentiality of Administrative Proceeding Against Driver's License.
L. California Public Records Act.
1. [§278] Nature and Purpose of Act.
2. [§279] Scope: Agencies and Officials Covered.
3. Scope: Records Covered.
(a) [§280] In General.
(b) [§281] Court Clerk's Rough Minutes.
(c) [§282] Records of State Board of Equalization.
(d) [§283] Miscellaneous Records.
4. Right To Inspect and Copy.
(a) [§284] In General.
(b) [§285] Inspection of Hazardous Waste Records.
5. Proceedings To Enforce Rights.
(a) [§286] In General.
(b) [§287] Distinction: No Action by Governmental Entity.
6. Exemptions.
(a) [§288] In General.
(b) Records of Intelligence Information.
(1) [§289] General Rule of Nondisclosure.
(2) [§290] Clarifications and Distinctions.
(3) Exceptions.
(aa) [§291] Specific Information to Specified Persons.
(bb) [§292] Specific Information to All Persons.
(cc) [§293] Specific Information for Specified Purposes.
(c) [§294] Records Exempted by Federal or State Law.
(d) Public Interest Exemption.
(1) [§295] In General.
(2) [§296] Executive or Deliberative Process Privilege.
(e) [§297] Miscellaneous Exemptions.
(f) [§298] Records Not Covered by Exemptions.
7. [§299] In Camera Examination.
8. [§300] Agency's Voluntary Disclosure.
9. [§301] Waiver of Exemptions.
M. [§302] Federal Freedom of Information Act.
XII. PRIVILEGE FOR ELECTED OFFICIALS AND THEIR AIDES
A. [§303] President
of
B. [§304] Members of Congress and Aides.
C. [§305] State and Local Officials.
XIII. PRIVILEGE FOR IDENTITY OF INFORMER
A. [§306] Nature of Privilege.
B. Scope and Conditions.
1. [§307] In General.
2. [§308] Official Information Privilege Distinguished.
C. [§309] Weighing Public Interest Against Necessity for Disclosure.
D. Exceptions Necessary for Fair Trial.
1. [§310] General Principles.
2. [§311] Participating Informer.
3. Nonparticipating Material Witness.
(a) Who Is Material Witness.
(1) [§312] In General.
(2) [§313] Illustrations.
(b) [§314] Disclosure at Trial.
(c) [§315] Disclosure at Preliminary Hearing.
(d) [§316] Disclosure in Probation Revocation Hearing.
4. [§317] Informer Relied on for Arrest.
5. Procedure in Raising and Determining Issue.
(a) [§318] Defendant's Request and Prosecution's Response.
(b) Hearing To Determine Issue.
(1) [§319] Outside Jury's Presence.
(2) In Camera Hearing.
(aa) [§320] In General.
(bb) [§321] No Requirement That Informant Testify.
(3) [§322] Test for Judge's Determination.
(c) [§323] Duty of Judge To Hold Hearing.
(d) [§324] Change of Circumstances After Denial.
E. Where Disclosure Not Required.
1. Search Under Search Warrant.
(a) [§325] Judicial Rule of Nondisclosure.
(b) [§326] Codification of Rule.
2. [§327] Reasonable Cause To Arrest.
3. [§328] Reasonable Cause Shown Without Informer.
F. [§329] Disclosure Withheld Until Informer Unavailable.
G. Duty To Locate Informer.
1. [§330] Eleazer Rule of Good Faith.
2. [§331] Effect of Reversal of Conviction.
3. [§332] Distinction: Anonymous Informant.
XIV. NEWSPERSON'S SHIELD LAW
A. [§333] Origin of Immunity.
B. Nature and Scope of Immunity.
1. [§334] Persons Protected.
2. Matter Procured for Publication.
(a) [§335] Statutory Provisions.
(b) [§336] Undisseminated Source Materials.
(c) [§337] Nonconfidential Information.
3. Immunity.
(a) [§338] Protection From Contempt.
(b) [§339] No Writ Review Before Contempt Judgment.
(c) [§340] Sanctions Other Than Contempt.
C. Limitations on Immunity.
1. [§341] In General.
2. [§342] Refusal To Testify.
3. Judicial Control of Court Proceedings.
(a) [§343] Rule Prior to Constitutional Immunity Provision.
(b) [§344] Effect of Constitutional Immunity Provision.
D. Constitutional Qualified Privilege.
1. [§345] First Amendment Basis.
2. [§346] Balancing Test for Civil Cases.
3. [§347] Balancing Test for Criminal Cases.
E. [§348] In Camera Review.
XV. VOTER'S PRIVILEGE
A. [§349] In General.
XVI. TRADE SECRET PRIVILEGE
A. [§350] Nature and Purpose.
B. Procedure.
1. [§351] In General.
2. [§352] Protective Order.
3. [§353] Exclusion of Public in Criminal Proceeding.
4. [§354] Request To Seal Articles.
XVII. PRIVILEGE AGAINST SELF-INCRIMINATION
A. General Principles.
1. Constitutional Basis.
(a) [§355] Federal and State Constitutions.
(b) [§356] Federal Constitution Applies to States.
(c) [§357] Evidence Code.
2. [§358] Policy of the Privileges.
3. [§359] Remedies for Denial.
4. Effects of Claim.
(a) [§360] In General.
(b) Claim by Public Officer or Employee.
1. [§361] Federal Cases.
2. [§362]
(c) [§363] Claim by Attorney.
(d) [§364] Claim by Corporation Officer.
B. Privilege of Accused (Defendant in Criminal Case).
1. General Principles.
(a) [§365] Nature of Privilege.
(b) [§366] Improper Procedural Restrictions.
2. What Is a Criminal Case Against Accused.
(a) [§367] Criminal and Quasi-Criminal Proceedings.
(b) Noncriminal Judicial Proceedings.
(1) [§368] In General.
(2) [§369] Juvenile Court Hearings.
(3) [§370] Fitness Hearings.
3. Nonjudicial Proceedings.
(a) [§371] Grand Jury or Legislative Investigation.
(b) [§372] Administrative Disciplinary Proceeding.
(c) Required Registration.
(1) [§373] Gambling Activity.
(2) [§374] Possession of Firearm.
(3) [§375] Criminal Subversive Activity.
(4) [§376] Supervised Occupation.
(5) [§376A] (New) Gang Membership.
(d) Required Disclosure of Identity.
(1) [§377] Driver's Identity and Involvement in Accident.
(2) [§378] Loiterer's Identity.
(e) [§379] False Statements in Required Reports.
(f) Probation Revocation Hearing.
(1) [§380] Limited Exclusionary Rule.
(2) [§381] Rule Survives Proposition 8.
(g) [§382] Psychiatric Examination on Competency.
(h) [§383] Psychiatric Examination on Insanity.
4. [§384] Evidence Without Testimony or Compulsion.
5. Compulsion Without Testimony.
(a) [§385] General Rule: Privilege Not Applicable.
(b) [§386] Compelled Production of Child.
(c) Handwriting Exemplars.
(1) [§387] Legally Procured Exemplar.
(2) [§388] Procurement After Illegal Arrest.
(d) Voice Identification.
(1) [§389] No Violation of Privilege.
(2) [§390] Warning and Precautions.
(e) [§391] Violation of Miranda Rule.
6. Lineup.
(a) Wade-Gilbert Rule: Counsel's Presence Required.
(1) [§392] Statement of Rule.
(2) [§393] Appointed Counsel Sufficient.
(3) [§394] When Counsel Should Be Present.
(4) Waiver and Objection.
(aa) [§395] Waiver of Lineup Right to Counsel.
(bb) [§396] Procedure for Objection.
(b) [§397] Preaccusatory Lineup.
(c) Due Process in Lineup.
(1) [§398] Unfair Lineup.
(2) Properly Conducted Lineup.
(aa) [§399] In General.
(bb) [§400] Defendant's Suggestive Conduct.
(d) Defendant's Right to Lineup.
(1) [§401] In General.
(2) [§402] Right to Restricted Lineup.
(3) [§403] Sanctions for Witness' Failure To Attend Lineup.
7. Other Identification Methods.
(a) [§404] In-the-Field Identification.
(b) In-Custody Identification.
(1) [§405] Proper Method.
(2) [§406] Improper Where No Compelling Reason.
(c) [§407] Independent Origin of In-Court Identification.
(d) Pretrial Photographic Identification.
(1) [§408] General Rule: Substantial Likelihood of Misidentification.
(2) [§409] Illustrations.
(3) [§410] Simulated Lineup.
(4) Individual Photographs.
(aa) [§411] In General.
(bb) [§412] Clarifications and Distinctions.
8. Evidence Obtained by Brutality.
(a) [§413] Rochin Rule: Violation of Due Process.
(b) [§414] Brutal Body Examination.
(c) [§415] Other Evidence Brutally Obtained.
(d) Proper Procedures.
(1) [§416] General Rule: Reasonable Body Examination.
(2) [§417] Preventing Defendant From Swallowing Evidence.
(3) [§418] Procedure Used To Safeguard Defendant's Health.
(4) [§419] Search of Prison Inmate.
(e) Distinction: Surgery To Remove Physical Evidence.
(1) [§420] Operation Performed on Victim.
(2) [§421] Operation Performed on Accused.
9. Tests for Intoxication: In General.
(a) Blood Test.
(1) [§422] Early Decisions.
(2) [§423] Schmerber Test: Medical Procedure Reasonably Performed.
(3) [§424] Former Requirement of Lawful Arrest.
(4) [§425] Abrogation of Lawful Arrest Requirement.
(b) [§426] Other Tests.
10. [§427] Compulsory Driver's Test (Implied Consent Law).
11. Waiver of Privilege by Testifying.
(a) [§428] In General.
(b) Exceptions.
(1) [§429] Uninformed Waiver.
(2) [§430] Testimony in Prior Proceeding.
(3) [§431] Testimony on Motion To Suppress.
12. No Comment or Inference.
(a) [§432] Former Law Permitting Comment.
(b)
[§433]
(c)
Application of
(1) [§434] Prosecutor's Comments.
(2) [§435] Jury Instructions.
(3) [§436] Violation Following Defendant's Limited Testimony.
(4) [§437] Comment by Codefendant's Counsel.
(5) [§438] Where Privilege Waived.
(d)
Instructions on
(1) [§439] Defendant Not Testifying.
(2) [§440] Defendant Testifying.
(e) [§441] Comments Not Violative of Rule.
(f)
Effect of
(1) [§442] Harmless and Reversible Error.
(2) [§443] Error Invited.
13. [§444] No Proof of Prior Claim.
14. [§445] Grant of Use Immunity Constitutionally Compelled.
C. Privilege of Witness in Any Proceeding.
1. General Principles.
(a) Proceeding and Witness.
(1) [§446] Any Proceeding.
(2) [§447] Witness Alone Privileged.
(3) When Privilege Should Be Claimed.
(aa) [§448] Early Rule: In Jury's Presence.
(bb) [§449] Current Rule: Before Witness Takes Stand.
(4) [§450] Claim by Civil Defendant.
(b) Business Records of Corporation or Association.
(1) [§451] Corporation.
(2) [§452] Association or Partnership.
(c) Officer of Corporation or Association.
(1) Officer in Representative Capacity.
(aa) [§453] General Rule: No Privilege.
(bb) [§454] Illustrations.
(2) [§455] Distinction: Officer's Personal Privilege.
(d) Required Records and Reports.
(1) [§456] General Rule: No Privilege.
(2) [§457] Distinction: Gambling Registration.
(e) Personal Records.
(1) [§458] Tax Records.
(2) [§459] Other Records Disclosing Criminal Acts.
(3) Bank Records.
(aa) [§460] Federal Bank Secrecy Act.
(bb)
[§461]
2. What Constitutes Incriminating Evidence.
(a) [§462] Federal Standards Control.
(b) [§463] Threat of Criminal or Quasi-Criminal Penalty.
(c) [§464] Direct and Indirect Incrimination.
(d) Reasonable Danger of Incrimination.
(1) [§465] Former Conservative Rule.
(2) [§466] Modern View: Federal Cases.
(3)
[§467] Modern View:
3. Possibility of Prosecution.
(a) [§468] Prosecution Barred.
(b) [§469] Liability to Prosecution in Other Jurisdiction.
4. Immunity of Witness.
(a) General Principles.
(1) [§470] Nature of Immunity Statutes.
(2) Statutory Authority.
(aa) [§471] In General.
(bb) [§472] Judicial Use Immunity.
(3) [§473] Standing To Challenge Grant of Immunity.
(b) Immunity in Civil Actions.
(1) [§474] In General: Proceeding by People.
(2) [§475] Action by Private Litigant.
(3) [§476] Improper Grant to Some Defendants.
(c) Immunity Coextensive With Privilege.
(1) [§477] In General: Counselman Rule.
(2) [§478] Use Immunity Sufficient.
(3) [§479] Transactional Immunity.
(4) [§480] Immunity Following Guilty Plea.
(5) [§481] Immunity Following Trial on Merits.
(d) Federal Statutes.
(1) [§482] Former Statutes.
(2) [§483] Immunity of Witnesses Act.
(e)
[§484] Specific
(f) General California Statute.
(1) [§485] Nature and Scope.
(2) [§486] Claim of Privilege.
(3) Procedure To Compel Testimony.
(aa) [§487] Statutory Authority.
(bb) [§488] Effect of Noncompliance.
(4) [§489] Transactional or Use Immunity.
(5) [§490] No Immunity From Perjury or Contempt.
(6) [§491] Limited Grant of Immunity.
(7) [§492] Conditional Immunity to Accomplice.
(g) Agreement for Immunity.
(1) [§493] In General.
(2) [§494] Misdemeanor Proceeding.
5. Determination of Incriminating Character.
(a) [§495] Burden of Proof.
(b) [§496] Test.
6. Waiver of Privilege.
(a) [§497] Waiver Before Trial.
(b) Waiver at Trial or Hearing.
(1) [§498] Testifying Without Objection.
(2) [§499] Partial Disclosure.
(3) [§500] Privilege in Later Proceeding.
(c) [§501] Failure To Object to Interrogatories.
(d) [§502] Claim and Waiver at Legislative Investigation.
XVIII. SPECIAL PRIVACY STATUTES
A. Records of Medical Committees.
1. [§503] Medical or Medical-Dental Staff Committee.
2. [§504] Medical or Psychiatric Quality Assurance Committee.
3. Medical Evaluation or Review Committee.
(a) Nature and Scope of Protection.
(1) [§505] In General.
(2) [§506] Hospital Staff Privileges.
(3) [§507] Multidisciplinary Infection Control Committee.
(4) [§508] Hospital Employee's Suit for Damages.
(b) Exceptions.
(1) [§509] Statutory List.
(2) [§510] No Effect on Immunity From Disclosure in Malpractice Cases.
(3) [§511] Applicability to Criminal Proceedings.
(c) Distinctions.
(1) [§512] Hospital Administration Files.
(2) [§513] Voluntary Testimony.
(3) [§514] Administrative Subpena.
4. [§515] Nonprofit Medical Care Foundation.
5. [§516] Mental Health Quality Assurance Committee.
6. [§517] Committee Reviewing Specialty Health Services.
B. Confidentiality of Medical Information Act.
1. [§518] Nature and Scope of Act.
2. Illustrations.
(a) [§519] Authorization for Disclosure Required.
(b) [§520] Authorization for Disclosure Not Required.
C. [§521] Insurance Information and Privacy Protection Act.
D. Tests and Research on AIDS.
1. [§522] Confidentiality Requirements.
2. Exceptions.
(a) [§523] Reporting Requirements.
(b) [§524] Disclosure to Correctional Facility Personnel.
(c) [§525] Disclosure of Research Records.
(d) [§526] Disclosure of Public Health Records.
(e) [§527] Other Exceptions.
E. [§528] Identity, Address, and Phone Number.
F. [§529] Miscellaneous Statutes.