Rule 11-506 Communications to clergy.
ARTICLE 5 Privileges
Rule Text
A. Definitions. For purposes of this rule,
(1) a “member of the clergy” is a minister, priest, rabbi, or similar functionary of a religious organization, or an individual reasonably believed so to be by the person consulting that person;
(2) a communication is “confidential” if made privately and not intended for further disclosure except to other persons in furtherance of the purpose of the communication.
B. Scope of the privilege. A person has a privilege to refuse to disclose, or to prevent another from disclosing, a confidential communication made for the purpose of seeking spiritual advice by the person to a member of the clergy.
C. Who may claim the privilege. The privilege may be claimed by
(1) the person who consults with a member of the clergy;
(2) the person’s guardian or conservator; or
(3) the person’s personal representative if the person is deceased.
The privilege may be asserted on the person’s behalf by the member of the clergy. Authority to claim the privilege is presumed absent evidence to the contrary.
Amendment history: As amended, effective December 1, 1993; as amended by Supreme Court Order No. 13-8300-025, effective for all cases pending or filed on or after December 31, 2013.