CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Privileges
......Determination of Privilege
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Determination of privilege.

Witness claiming privilege against self-incrimination has burden of showing proffered evidence might tend to incriminate him. Proffered evidence inadmissible unless it cannot possibly have tendency to incriminate.

Trial ct. did not err when it refused to inform D's wife of privilege of one spouse not to be forced to testify against the other; wife held privilege and D did not have standing to raise issue.

Court did not err in denying D discovery of police files re uncharged similar crimes where information not exculpatory and, in one case, neither exculpatory nor material.

In camera hearing to determine applicability of attorney-client privilege probably unnecessary, but not error.

Privilege determinations made by court pursuant to Evid. Code §405.

Colorable claim of privilege re legal files requires hearing and inspection by trial court on validity of claim before disclosure to P.

If determination of privilege depends upon content of communication, court may require disclosure in camera so it can make ruling.

Determination of whether communication made in another state is privileged in Cal. action is determined by Cal. law.

Tests for determining whether statements obtained from corporate employees are protected by attorney-client privilege.

When party may claim error based upon denial of privilege.