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ARTICLE V. PRIVILEGES

Table of Contents

Article I. General Provisions
Article II. Judicial Notice
Article III. Presumptions
Article IV. Relevancy and Its Limits
Article V. Privileges
Rule 502
Rule 503
Rule 504
Article VI. Witnesses
Article VII. Opinions and Expert Testimony
Article VIII. Hearsay
Article X. Contents of Writings, Recordings,
and Photographs

Revised Rule 504. Attorney-Client Privilege; Burdens. [changes highlighted]

When a claim of privilege is raised, burdens shall be distributed as follows: the proponent of the privilege has the burden of demonstrating, by a preponderance of the evidence, that the elements of the privilege claim in Rule 502(b) have been satisfied; the opponent of the privilege must present sufficient evidence upon which a reasonable jury may find (a prima facie showing) that an exception to the privilege applies under Rule 502(e)(1)-(5), or that the privilege has been waived under Rule 503; the proponent of the privilege must disprove each demonstrated claim of exception or waiver by a preponderance of the evidence.

Click here to see commentary on Revised Article 504.

Revised Rule 504. Attorney-Client Privilege; Burdens. [clean copy]

When a claim of privilege is raised, burdens shall be distributed as follows: the proponent of the privilege has the burden of demonstrating, by a preponderance of the evidence, that the elements of the privilege claim in Rule 502(b) have been satisfied; the opponent of the privilege must present sufficient evidence upon which a reasonable jury may find (a prima facie showing) that an exception to the privilege applies under Rule 502(e)(1)-(5), or that the privilege has been waived under Rule 503; the proponent of the privilege must disprove each demonstrated claim of exception or waiver by a preponderance of the evidence.

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