Rule 501 Privileges Recognized only as Provided

This rule explains where privileges come from in Idaho courts. A privilege is a legal right that lets someone refuse to testify, refuse to answer certain questions, or refuse to hand over documents or objects. It can also let someone stop another person from sharing certain information.

The key point is that these privileges do not just exist because they seem fair or reasonable. They only exist if they come from the state constitution, a law that supports a constitutional right, or a rule set by the Idaho Supreme Court. If none of these sources create the privilege, then it does not exist and a person cannot use it to avoid testifying or providing evidence.

In simple terms, this means courts in Idaho will not make up new privileges on their own. Common examples of real privileges include attorney-client privilege and spousal privilege, because these come from established laws or rules. If someone tries to claim a privilege that is not backed by one of these approved sources, the court will not allow it.