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Federal Evidence • Privileges
EVID#114
Legal Definition
In a federal question case, the federal privileges will apply: (1) marital communications; (2) spousal testimonial; (3) attorney-client; and (4) psychotherapist/social worker-client.
Plain English Explanation
In legal cases that involve federal laws, there are certain types of private conversations that are protected. These special protections, known as privileges, mean that in some situations, you don't have to share certain private conversations in court. Here's what they are and why they exist:
1. Marital Communications: If you're married, the private things you talk to your spouse about are protected. This means you don't have to reveal what you and your spouse said to each other in private.
2. Spousal Testimonial Privilege: If you're married, you have the right not to testify in court against your spouse. This helps keep trust in the marriage strong.
3. Attorney-Client Privilege: When you talk to your lawyer about your case, these conversations are private. This rule encourages you to be open with your lawyer without fear that what you say might be used against you.
4. Psychotherapist/Social Worker-Client Privilege: If you're seeing a therapist or social worker for mental health, what you discuss with them is private. This privacy helps you be honest with them, which is important for your treatment.
1. Marital Communications: If you're married, the private things you talk to your spouse about are protected. This means you don't have to reveal what you and your spouse said to each other in private.
2. Spousal Testimonial Privilege: If you're married, you have the right not to testify in court against your spouse. This helps keep trust in the marriage strong.
3. Attorney-Client Privilege: When you talk to your lawyer about your case, these conversations are private. This rule encourages you to be open with your lawyer without fear that what you say might be used against you.
4. Psychotherapist/Social Worker-Client Privilege: If you're seeing a therapist or social worker for mental health, what you discuss with them is private. This privacy helps you be honest with them, which is important for your treatment.
Hypothetical
Hypo 1: Bob consults a lawyer about a sensitive legal matter. Later, in a federal court case, the opposing lawyer wants to know what Bob discussed with his lawyer. Result: Bob's conversation with his lawyer is protected under attorney-client privilege. This means that what Bob told his lawyer cannot be disclosed in court without Bob's permission.
Hypo 2: Bob and Sam are married. Sam is called to testify in a federal court case against Bob. Result: Under spousal testimonial privilege, Sam has the right to refuse to testify against Bob. This rule helps protect the trust and privacy in their marriage.
Hypo 3: After experiencing stress, Bob starts seeing a therapist. In a federal lawsuit, the opposing party tries to access Bob's therapy records. Result: The psychotherapist-client privilege protects Bob's therapy discussions. His mental health records and conversations with his therapist can't be used in the court case.
Hypo 4: Bob and Sam, a married couple, have a private conversation about a sensitive issue. During a federal court case, someone tries to subpoena Sam to disclose what was said in that conversation. Result: The marital communications privilege protects this private conversation between Bob and Sam, meaning Sam doesn't have to reveal what they discussed.
Hypo 5: Bob discusses criminal activities with his brother Bert. Later, Bert is called as a witness in a federal court case against Bob. Result: Since Bert is not Bob's spouse, lawyer, or therapist, none of the federal privileges apply. Bert may be required to testify about what Bob said.
Hypo 2: Bob and Sam are married. Sam is called to testify in a federal court case against Bob. Result: Under spousal testimonial privilege, Sam has the right to refuse to testify against Bob. This rule helps protect the trust and privacy in their marriage.
Hypo 3: After experiencing stress, Bob starts seeing a therapist. In a federal lawsuit, the opposing party tries to access Bob's therapy records. Result: The psychotherapist-client privilege protects Bob's therapy discussions. His mental health records and conversations with his therapist can't be used in the court case.
Hypo 4: Bob and Sam, a married couple, have a private conversation about a sensitive issue. During a federal court case, someone tries to subpoena Sam to disclose what was said in that conversation. Result: The marital communications privilege protects this private conversation between Bob and Sam, meaning Sam doesn't have to reveal what they discussed.
Hypo 5: Bob discusses criminal activities with his brother Bert. Later, Bert is called as a witness in a federal court case against Bob. Result: Since Bert is not Bob's spouse, lawyer, or therapist, none of the federal privileges apply. Bert may be required to testify about what Bob said.
