Evidence
Privilege
Definition
An evidentiary privilege is a rule that protects certain confidential communications from compelled disclosure in legal proceedings. Privileges serve policies external to the truth-seeking function of litigation, such as fostering open communication in important relationships. The most well-established privileges include attorney-client privilege, spousal privilege (both testimonial and communications), doctor-patient privilege, clergy-penitent privilege, and the psychotherapist-patient privilege. Privileges are narrowly construed because they exclude relevant evidence.
Example
A therapist cannot be compelled to testify about a patient's confidential statements made during therapy sessions, due to the psychotherapist-patient privilege.