Rule 501 Privilege in General

Privileges let a person keep certain information private during a court case, like conversations with a lawyer or a doctor. This rule explains where those privacy protections come from.

In West Virginia, privileges are mainly based on common law. That means they come from years of court decisions rather than one single written law. However, common law only applies if it doesn't conflict with something more specific, like the U.S. Constitution, the West Virginia Constitution, rules set by the West Virginia Supreme Court of Appeals, or a state law passed by the legislature.

In simple terms, if a specific law or rule already covers a privilege, that law or rule wins. If nothing specific applies, courts look at past legal decisions to decide whether the information can be kept private.