Ala. R. Evid. 05

Front 1

"Client" under Rule 502. Attorney-Client Privilege (a) Definitions.

Back 1

As used in this rule: (1) “Client” is a person, public officer, or corporation, association, or other organization or entity, either public or private, that is rendered professional legal services by an attorney, or that consults an attorney with a view to obtaining professional legal services from the attorney.

Front 2

"Representative of the client" under Rule 502. Attorney-Client Privilege (a) Definitions.

Back 2

As used in this rule: (2) “Representative of the client” is: (i) a person having authority to obtain professional legal services or to act on legal advice rendered on behalf of the client or (ii) any other person who, for the purpose of effecting legal representation for the client, makes or receives a confidential communication while acting in the scope of employment for the client.

Front 3

"Attorney" under Rule 502. Attorney-Client Privilege (a) Definitions.

Back 3

As used in this rule: (3) “Attorney” is a person authorized, or reasonably believed by the client to be authorized, to engage in the practice of law in any state or nation.

Front 4

"Representative of the attorney" under Rule 502. Attorney-Client Privilege (a) Definitions.

Back 4

As used in this rule: (4) “Representative of the attorney” is a person employed by the attorney to assist the attorney in rendering professional legal services.

Front 5

"Confidential" communication under Rule 502. Attorney-Client Privilege (a) Definitions.

Back 5

As used in this rule: (5) A communication is “confidential” if not intended to be disclosed to third persons other than those to whom disclosure is made in furtherance of the rendition of professional legal services to the client or those to whom disclosure is reasonably necessary for the transmission of the communication.

Front 6

Rule 502. Attorney-Client Privilege (b) General Rule of Privilege.

Back 6

A client has a privilege to refuse to disclose and to prevent any other person from disclosing a confidential communication made for the purpose of facilitating the rendition of professional legal services to the client, (1) between the client or a representative of the client and the client's attorney or a representative of the attorney, or (2) between the attorney and a representative of the attorney, (3) by the client or a representative of the client or the client's attorney or a representative of the attorney to an attorney or a representative of an attorney representing another party concerning a matter of common interest, (4) between representatives of the client and between the client and a representative of the client resulting from the specific request of, or at the express direction of, an attorney, or (5) among attorneys and their representatives representing the same client.

Front 7

Rule 502. Attorney-Client Privilege (c) Who May Claim the Privilege.

Back 7

The privilege may be claimed by the client, the client's guardian or conservator, the personal representative of a deceased client, or the successor, trustee, or similar representative of a corporation, association, or other organization, whether or not in existence. The person who was the attorney, or the attorney's representative, at the time of the communication may claim the privilege, but only on behalf of the client. The attorney's or the representative's authority to do so is presumed in the absence of evidence to the contrary.

Front 8

"Furtherance of Crime or Fraud" exception under Rule 502. Attorney-Client Privilege (d) Exceptions.

Back 8

There is no privilege under this rule: (1) Furtherance of Crime or Fraud. If the services of the attorney were sought or obtained to enable or aid anyone to commit or plan to commit what the client knew or reasonably should have known to be a crime or fraud;

Front 9

"Claimants Through the Same Deceased Client" exception under Rule 502. Attorney-Client Privilege (d) Exceptions.

Back 9

There is no privilege under this rule: (2) Claimants Through the Same Deceased Client. As to a communication relevant to an issue between parties who claim through the same deceased client, regardless of whether the claims are by testate or intestate succession or by inter vivos transaction;

Front 10

"Breach of Duty by an Attorney or Client" exception under Rule 502. Attorney-Client Privilege (d) Exceptions.

Back 10

There is no privilege under this rule: (3) Breach of Duty by an Attorney or Client. As to a communication relevant to an issue of breach of duty by an attorney to the client or by a client to the client's attorney;

Front 11

"Document Attested by an Attorney" exception under Rule 502. Attorney-Client Privilege (d) Exceptions.

Back 11

There is no privilege under this rule: (4) Document Attested by an Attorney. As to a communication relevant to an issue concerning the intention or competence of a client executing an attested document to which the attorney is an attesting witness, or concerning the execution or attestation of such a document;

Front 12

"Joint Clients" exception under Rule 502. Attorney-Client Privilege (d) Exceptions.

Back 12

There is no privilege under this rule: (5) Joint Clients. As to a communication relevant to a matter of common interest between or among two or more clients if the communication was made by any of them to an attorney retained or consulted in common, when offered in an action between or among any of the clients.

Front 13

"Patient" under Rule 503. Psychotherapist-Patient Privilege (a) Definitions.

Back 13

As used in this rule: (1) A “patient” is a person who consults or is examined or interviewed by a psychotherapist.

Front 14

"Psychotherapist" under Rule 503. Psychotherapist-Patient Privilege (a) Definitions.

Back 14

As used in this rule: (2) A “psychotherapist” is (A) a person licensed to practice medicine in any state or nation, or reasonably believed by the patient so to be, while regularly engaged in the diagnosis or treatment of mental or emotional conditions, including alcohol or drug addiction or (B) a person licensed as a psychologist under the laws of any state or nation, while similarly engaged.

Front 15

"Confidential" communication under Rule 503. Psychotherapist-Patient Privilege (a) Definitions.

Back 15

As used in this rule: (3) A communication is “confidential” if not intended to be disclosed to third persons other than those present to further the interest of the patient in the consultation, examination, or interview, or persons reasonably necessary for the transmission of the communication, or persons who are participating in the diagnosis and treatment under the direction of the psychotherapist, including members of the patient's family.

Front 16

Rule 503. Psychotherapist-Patient Privilege (b) General Rule of Privilege.

Back 16

A patient has a privilege to refuse to disclose and to prevent any other person from disclosing confidential communications, made for the purposes of diagnosis or treatment of the patient's mental or emotional condition, including alcohol or drug addiction, among the patient, the patient's psychotherapist, and persons who are participating in the diagnosis or treatment under the direction of the psychotherapist, including members of the patient's family.

Front 17

Rule 503. Psychotherapist-Patient Privilege (c) Who May Claim the Privilege.

Back 17

The privilege may be claimed by the patient, the patient's guardian or conservator, or the personal representative of a deceased patient. The person who was the psychotherapist at the time of the communication is presumed to have authority to claim the privilege but only on behalf of the patient.

Front 18

"Proceedings for Hospitalization" exception under Rule 503. Psychotherapist-Patient Privilege (d) Exceptions.

Back 18

(1) Proceedings for Hospitalization. There is no privilege under this rule for communications relevant to an issue in proceedings to hospitalize the patient for mental illness, if the psychotherapist has determined, in the course of diagnosis or treatment, that the patient is in need of hospitalization.

Front 19

"Examination by Order of Court" exception under Rule 503. Psychotherapist-Patient Privilege (d) Exceptions.

Back 19

(2) Examination by Order of Court. If the court orders an examination of the mental or emotional condition of a patient, whether a party or a witness, communications made in the course thereof are not privileged under this rule with respect to the particular purpose for which the examination is ordered unless the court orders otherwise.

Front 20

"Accused in Criminal Case" exception under Rule 503. Psychotherapist-Patient Privilege (d) Exceptions.

Back 20

(3) Accused in Criminal Case. There is no privilege under this rule as to an accused in a criminal case who raises the defense of insanity.

Front 21

"Breach of Duty Arising Out of Psychotherapist-Patient Relationship" exception under Rule 503. Psychotherapist-Patient Privilege (d) Exceptions.

Back 21

(4) Breach of Duty Arising Out of Psychotherapist-Patient Relationship. There is no privilege under this rule as to an issue of breach of duty by the psychotherapist to the patient or by the patient to the psychotherapist.

Front 22

"Child Custody Cases" exception under Rule 503. Psychotherapist-Patient Privilege (d) Exceptions.

Back 22

(5) Child Custody Cases. There is no privilege under this rule for relevant communications offered in a child custody case in which the mental state of a party is clearly an issue and a proper resolution of the custody question requires disclosure.

Front 23

"Client" under Rule 503A. Counselor-Client Privilege (a) Definitions.

Back 23

As used in this rule: (1) The term “client” means a person who, for the purpose of securing professional counseling services, consults with a licensed professional counselor or a certified counselor associate. It also means a person who, for the purpose of securing counseling services as the result of either sexual assault or family violence, consults with a victim counselor.

Front 24

"Licensed professional counselor" under Rule 503A. Counselor-Client Privilege (a) Definitions.

Back 24

As used in this rule: (2) A “licensed professional counselor” is any person who holds himself or herself out to the public by any title or description of services incorporating the words “licensed professional counselor” or “licensed counselor”; who offers to render professional counseling services to individuals, groups, organizations, corporations, institutions, government agencies, or the general public, implying that the person is licensed and trained, experienced or expert in counseling; and who holds a current, valid license to engage in the private practice of counseling.

Front 25

"Confidential" communication under Rule 503A. Counselor-Client Privilege (a) Definitions.

Back 25

As used in this rule: (3) A communication is “confidential” if it is not intended to be disclosed to third persons other than those to whom disclosure is made in furtherance of the rendition of professional counseling services to the client or those to whom disclosure is reasonably necessary for the transmission of the communication.

Front 26

"Counselor associate" under Rule 503A. Counselor-Client Privilege (a) Definitions.

Back 26

As used in this rule: (4) “Counselor associate” is any person who has been certified by the Alabama Board of Examiners in Counseling to offer counseling services under the supervision of a licensed professional counselor.

Front 27

"Counseling services" under Rule 503A. Counselor-Client Privilege (a) Definitions.

Back 27

As used in this rule: (5) “Counseling services” consist of all acts and behaviors that constitute the “practice of counseling” as that term is defined in this rule.

Front 28

"Practice of counseling" under Rule 503A. Counselor-Client Privilege (a) Definitions.

Back 28

As used in this rule: (6) The “practice of counseling” involves the rendering or offering to render counseling services such as, among others, the following methods and procedures employed by the counseling profession: (A) Counseling; (B) Appraisal Activities; (C) Counseling, Guidance, and Personnel Consulting; (D) Referral Activities; (E) Research Activities; (F) Victim Counseling

Front 29

"Counseling" under "Practice of counseling" under Rule 503A. Counselor-Client Privilege (a) Definitions.

Back 29

As used in this rule: (A) Counseling. Assisting a person, through the counseling relationship, to develop understanding of personal problems, to define goals, and to plan action reflecting the person's interests, abilities, aptitudes, and needs as these are related to personal-social concerns, education progress, and occupations and careers. (B) Appraisal Activities. Selecting, administering, scoring and interpreting instruments designed to assess an individual's aptitudes, attitudes, abilities, achievements, interests, and personal characteristics, but not including the use of projective techniques in the assessment of personality.

Front 30

"Counseling, Guidance, and Personnel Consulting" under "Practice of counseling" under Rule 503A. Counselor-Client Privilege (a) Definitions.

Back 30

As used in this rule: (C) Counseling, Guidance, and Personnel Consulting. Interpreting or reporting upon scientific fact or theory in counseling, guidance, and personnel services to provide assistance in solving some current or potential problems of individuals, groups, or organizations.

Front 31

"Referral Activities" under "Practice of counseling" under Rule 503A. Counselor-Client Privilege (a) Definitions.

Back 31

As used in this rule: (D) Referral Activities. The evaluating of data to identify problems and to determine advisability of referral to other specialists.

Front 32

"Research Activities" under "Practice of counseling" under Rule 503A. Counselor-Client Privilege (a) Definitions.

Back 32

As used in this rule: (E) Research Activities. The designing, conducting, and interpreting of research with human subjects.

Front 33

"Victim Counseling" under "Practice of counseling" under Rule 503A. Counselor-Client Privilege (a) Definitions.

Back 33

As used in this rule: (F) Victim Counseling. The providing of counseling to victims for any emotional or psychological impact resulting from a sexual assault or family violence.

Front 34

"Victim counselor under Rule 503A. Counselor-Client Privilege (a) Definitions.

Back 34

As used in this rule: (7) “Victim counselor” means any employee or supervised volunteer of a victim counseling center or other agency, business, or organization that provides counseling to victims, who is not affiliated with a law enforcement agency or prosecutor's office and whose duties include treating victims for any emotional or psychological condition resulting from a sexual assault or family violence.

Front 35

"Sexual assault" under Rule 503A. Counselor-Client Privilege (a) Definitions.

Back 35

As used in this rule: (8) “Sexual assault” includes any sexual offense set out in Ala. Code 1975, §§ 13A-6-60 through 13A-6-70.

Front 36

"Family violence" under Rule 503A. Counselor-Client Privilege (a) Definitions.

Back 36

As used in this rule: (9) “Family violence” means the occurrence of one or more of the following acts between family or household members: (A) Attempting to cause or causing physical harm. (B) Placing another in fear of imminent serious physical harm.

Front 37

"Family or household members under Rule 503A. Counselor-Client Privilege (a) Definitions.

Back 37

As used in this rule: (10) The designation “family or household members” encompasses children, spouses, former spouses, persons of the opposite sex living as spouses now or in the past, or persons 60 years of age or older living in the same household and related by blood or marriage.

Front 38

"Victim counseling center" under Rule 503A. Counselor-Client Privilege (a) Definitions.

Back 38

As used in this rule: (11) “Victim counseling center” means a private organization or unit of a government agency which has as one of its primary purposes the treatment of victims for any emotional or psychological condition resulting from a sexual assault or family violence.

Front 39

Rule 503A. Counselor-Client Privilege (b) General Rule of Privilege.

Back 39

A client has a privilege to refuse to disclose, and to prevent any other person from disclosing, a confidential communication made for the purpose of facilitating the rendition of counseling services to the client.

Front 40

Rule 503A. Counselor-Client Privilege (c) Who May Claim the Privilege.

Back 40

The privilege may be claimed by the client, the client's guardian or conservator, or the personal representative of a deceased client. The person who was the licensed counselor, counselor associate, or victim counselor at the time of the communication is presumed to have authority to claim the privilege, but only on behalf of the client.

Front 41

"Proceedings for Hospitalization" exception under Rule 503A. Counselor-Client Privilege (d) Exceptions.

Back 41

(1) Proceedings for Hospitalization. In proceedings to hospitalize the client for mental illness, there is no privilege under this rule for communications relevant to an issue in those proceedings if the counselor or counselor associate has determined, in the course of counseling, that the client is in need of hospitalization.

Front 42

"Examination by Order of Court" exception under Rule 503A. Counselor-Client Privilege (d) Exceptions.

Back 42

(2) Examination by Order of Court. If the court orders an examination of the mental or emotional condition of a client, whether a party or a witness, communications made in the course thereof are not privileged under this rule with respect to the particular purpose for which the examination is ordered, unless the court orders otherwise.

Front 43

"When the Client's Condition Is an Element of a Claim or a Defense" exception under Rule 503A. Counselor-Client Privilege (d) Exceptions.

Back 43

(3) When the Client's Condition Is an Element of a Claim or a Defense. There is no privilege under this rule as to a communication relevant to an issue regarding the mental or emotional condition of the client, in any proceeding in which the client relies upon the condition as an element of the client's claim or defense, or, after the client's death, in any proceeding in which any party relies upon the condition as an element of the party's claim or defense.

Front 44

"Breach of Duty Arising Out of the Counselor-Client Relationship" exception under Rule 503A. Counselor-Client Privilege (d) Exceptions.

Back 44

(4) Breach of Duty Arising Out of the Counselor-Client Relationship. There is no privilege under this rule as to an issue of breach of duty by the counselor, counselor associate, or victim counselor to the client or by the client to the counselor, counselor associate, or victim counselor.

Front 45

"Victim Counseling in Civil Cases" exception under Rule 503A. Counselor-Client Privilege (d) Exceptions.

Back 45

(5) Victim Counseling in Civil Cases. There is no privilege under this rule in civil cases as to a communication made to facilitate victim counseling when the person conducting the counseling is neither a licensed professional counselor nor a counselor associate, except that under no circumstances may a victim counselor or a victim be compelled to provide testimony in any proceeding that would identify the name, address, location, or telephone number of a “safe house,” abuse shelter, or other facility that provided temporary emergency shelter to the victim of the offense or transaction that is the subject of the proceeding, unless the facility is a party to the proceeding.

Front 46

Rule 504. Husband-Wife Privilege (a) Definition of “Confidential” Communication.

Back 46

A communication is “confidential” if it is made during marriage privately by any person to that person's spouse and is not intended for disclosure to any other person.

Front 47

Rule 504. Husband-Wife Privilege (b) General Rule of Privilege.

Back 47

In any civil or criminal proceeding, a person has a privilege to refuse to testify, or to prevent any person from testifying, as to any confidential communication made by one spouse to the other during the marriage.

Front 48

Rule 504. Husband-Wife Privilege (c) Who May Claim the Privilege.

Back 48

The privilege may be claimed by either spouse, the lawyer for either spouse in that spouse's behalf, the guardian or conservator of either spouse, or the personal representative of a deceased spouse. The authority of those named to claim the privilege in the spouse's behalf is presumed in the absence of evidence to the contrary.

Front 49

"Parties to a Civil Action" exception under Rule 504. Husband-Wife Privilege (d) Exceptions.

Back 49

There is no privilege under this rule: (1) Parties to a Civil Action. In any civil proceeding in which the spouses are adverse parties.

Front 50

"Furtherance of Crime" exception under Rule 504. Husband-Wife Privilege (d) Exceptions.

Back 50

There is no privilege under this rule: (2) Furtherance of Crime. In any criminal proceeding in which the spouses are alleged to have acted jointly in the commission of the crime charged.

Front 51

"Criminal Action" exception under Rule 504. Husband-Wife Privilege (d) Exceptions.

Back 51

There is no privilege under this rule: (3) Criminal Action. In a criminal action or proceeding in which one spouse is charged with a crime against the person or property of (A) the other spouse, (B) a minor child of either, (C) a person residing in the household of either, or (D) a third person if the crime is committed in the course of committing a crime against any of the persons previously named in this sentence.

Front 52

"Clergyman" under Rule 505. Communications to Clergymen (a) Definitions.

Back 52

(1) A “clergyman” is any duly ordained, licensed, or commissioned minister, pastor, priest, rabbi, or practitioner of any bona fide established church or religious organization; the term “clergyman” includes, and is limited to, any person who regularly, as a vocation, devotes a substantial portion of his or her time and abilities to the service of his or her church or religious organization.

Front 53

"Confidential" communication under Rule 505. Communications to Clergymen (a) Definitions.

Back 53

(2) A communication is “confidential” if it is made privately and is not intended for further disclosure except to other persons present in furtherance of the purpose of the communication.

Front 54

Rule 505. Communications to Clergymen (b) General Rule of Privilege.

Back 54

If any person shall communicate with a clergyman in the clergyman's professional capacity and in a confidential manner, then that person or the clergyman shall have a privilege to refuse to disclose, and to prevent another from disclosing, that confidential communication.

Front 55

Rule 505. Communications to Clergymen (c) Who May Claim the Privilege.

Back 55

The privilege may be claimed by the communicating person, by that person's guardian or conservator, or by that person's personal representative if that person has died, or by the clergyman.

Front 56

Rule 506. Political Vote (a) General Rule of Privilege.

Back 56

Every person has a privilege to refuse to disclose the tenor of such person's vote at a political election conducted by secret ballot.

Front 57

Rule 506. Political Vote (b) Exceptions.

Back 57

This privilege does not apply if the vote was cast illegally or if disclosure is compellable pursuant to election laws.

Front 58

Rule 507. Trade Secrets

Back 58

A person has a privilege, which may be claimed by the person or the person's agent or employee, to refuse to disclose and to prevent other persons from disclosing a trade secret owned by the person, if the allowance of the privilege will not tend to conceal fraud or otherwise work injustice. If disclosure is directed, the court shall take such protective measures as the interest of the holder of the privilege and of the parties and the interests of justice require.

Front 59

Rule 508. Secrets of State and Other Official Information: Governmental Privileges (a) Claim of Privilege Under Federal Law.

Back 59

If the United States creates a governmental privilege that the courts of this State must recognize under the Constitution of the United States, the privilege may be claimed as provided by the law of the United States.

Front 60

Rule 508. Secrets of State and Other Official Information: Governmental Privileges (b) Privileges Recognized Under State Law.

Back 60

No other governmental privilege is recognized except as created by the Constitution or statutes of this State or rules promulgated by the Supreme Court of Alabama.

Front 61

Rule 508. Secrets of State and Other Official Information: Governmental Privileges (c) Effect of Sustaining Claim.

Back 61

If a claim of governmental privilege is sustained and it appears that a party is thereby deprived of material evidence, the court shall make any further orders the interests of justice require, such as striking the testimony of a witness, declaring a mistrial, making a finding upon an issue as to which the evidence is relevant, or dismissing the action.

Front 62

Rule 509. Identity of Informer (a) Rule of Privilege.

Back 62

The United States or a state or subdivision thereof has a privilege to refuse to disclose the identity of a person who has furnished to a law enforcement officer information relating to or assisting in an investigation of a possible violation of a law.

Front 63

Rule 509. Identity of Informer (b) Who May Claim.

Back 63

The privilege may be claimed by an appropriate representative of the public entity to which the information was furnished or the public entity bringing the prosecution.

Front 64

(1) Voluntary Disclosure; Informer as a Witness under Rule 509. Identity of Informer (c) Exceptions.

Back 64

No privilege exists under this rule if the identity of the informer or the informer's interest in the subject matter of the communication has been disclosed, by a holder of the privilege or by the informer's own action, to those who would have cause to resent the communication or if the informer appears as a witness for the prosecution.

Front 65

In camera examination under (2) Testimony on Relevant Issue under Rule 509. Identity of Informer (c) Exceptions.

Back 65

If it appears in the case that an informer may be able to give testimony relevant to any issue in a criminal case or to a fair determination of a material issue on the merits in a civil case, and the privilege has been invoked, the court shall give the public entity an opportunity to show in camera facts relevant to determining whether the informer can, in fact, supply that testimony. The showing will ordinarily be in the form of affidavits, but the court may direct that testimony be taken if it finds that the matter cannot be resolved satisfactorily upon affidavit.

Front 66

Remedy for non-disclosure of informer's identity after court finding that the informer can give testimony under (2) Testimony on Relevant Issue under Rule 509. Identity of Informer (c) Exceptions.

Back 66

If the court finds there is a reasonable probability that the informer can give the testimony, and the public entity elects not to disclose the informer's identity, in criminal cases the court on motion of the defendant or on its own motion shall grant appropriate relief, which may include one or more of the following: requiring the prosecuting attorney to comply with an order to disclose the informer's identity, granting the defendant additional time or a continuance, relieving the defendant from making disclosures otherwise required, prohibiting the prosecuting attorney from introducing specified evidence, or dismissing charges. In fashioning appropriate relief in civil cases, the court may make any order the interests of justice require.

Front 67

Preservation of evidence under (2) Testimony on Relevant Issue under Rule 509. Identity of Informer (c) Exceptions.

Back 67

Evidence submitted to the court shall be sealed and preserved, to be made available to the appellate court in the event of an appeal, and the contents shall not otherwise be revealed without consent of the public entity asserting the privilege. During any in camera showing, for the purpose of determining the applicability of the present privilege, no party should be present but, in its discretion, the court may allow counsel for any party and counsel for the public entity to be present.

Front 68

Rule 510. Waiver of Privilege by Voluntary Disclosure

Back 68

A person upon whom these rules confer a privilege against disclosure waives the privilege if the person or the person's predecessor while holder of the privilege voluntarily discloses or consents to disclosure of any significant part of the privileged matter. This rule does not apply if the disclosure itself is privileged.

Front 69

Rule 511. Privileged Matter Disclosed Under Compulsion or Without Opportunity to Claim Privilege

Back 69

A claim of privilege is not defeated by a disclosure which was (a) compelled erroneously or (b) made without opportunity to claim the privilege.

Front 70

Rule 512. Comment Upon or Inference From Claim of Privilege in Criminal  Cases; Instruction (a) Comment or Inference Not Permitted.

Back 70

In a criminal case, the claim of a privilege, whether in the present proceeding or upon a prior occasion, is not a proper subject of comment by judge or counsel. No inference may be drawn therefrom.

Front 71

Rule 512. Comment Upon or Inference From Claim of Privilege in Criminal Cases; Instruction (b) Claiming Privilege Without Knowledge of Jury.

Back 71

In jury cases, proceedings shall be conducted, to the extent practicable, so as to facilitate the making of claims of privilege without the knowledge of the jury.

Front 72

Rule 512. Comment Upon or Inference From Claim of Privilege in Criminal  Cases; Instruction (c) Jury Instruction.

Back 72

Upon request, any party against whom the jury might draw an adverse inference from a claim of privilege is entitled to an instruction that no inference may be drawn therefrom.

Front 73

Rule 512A. Comment Upon or Inference From Claim of Privilege in Civil Cases (a) Comment or Inference Permitted.

Back 73

In a civil action or proceeding, a party's claim of a privilege, whether in the present action or proceeding or upon a prior occasion, is a proper subject of comment by judge or counsel. An appropriate inference may be drawn from the claim.

Front 74

Rule 512A. Comment Upon or Inference From Claim of Privilege in Civil Cases (b) Claim of Privilege by Nonparty Witness.

Back 74

The claim of a privilege by a nonparty witness in a civil action or proceeding is governed by the same principles that are applicable to criminal cases by virtue of Rule 512.

Front 75

Rule 501. Privileges Recognized Only as Provided

Back 75

Except as otherwise provided by constitution or statute or by these or other rules promulgated by the Supreme Court of Alabama, no person has a privilege to: (1) refuse to be a witness; (2) refuse to disclose any matter; (3) refuse to produce any object or writing; or (4) prevent another from being a witness or disclosing any matter or producing any object or writing.