CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Privileges
......Waiver of Privilege
.........Waiver by Failure to Claim Privilege
 9 Cards On This Topic:
  • Waiver of privilege by failure to object to disclosure.
  • Trial ct. must decide whether hospitalized Wife had an opportunity to consult with counsel re asserting A/C privilege and whether she had an opportunity to claim the privilege but waived it by failing to do so.
  • Failure to include objection expressly based on attorney-client privilege in initial civil discovery document response resulted in waiver of privilege.
  • Neither court nor any party has duty to sua sponte advise W of testimonial privileges under Evid. Code §970 & Evid. Code §971 or of their potential loss under Evid. Code §973.
  • Failure to claim privilege in any proceeding in which holder has legal standing and opportunity to claim privilege is waiver.
  • Attorney-client privilege waived by not claiming it and by agreeing to produce videotape in verified response.
  • No waiver can be found from failure of holder to appear at hearing in an unrelated matter to claim privilege.
  • D waived any objection to disclosure under attorney-client privilege by failure to object when evidence introduced.
  • When party furnishes privileged records to witness and permits witness to testify from them, attorney-client privilege waived.


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