Testimonial Privileges – permit one to refuse to disclose, and prohibit others from disclosing certain confidential information in judicial proceedings.
- Procedure: Diversity cases and Federal Law – in Federal Court, apply the federal rules of evidence, but in federal diversity cases apply FRE, but apply state law with respect to:
- Burdens of Proof and Assumptions
- Dead Man’s Statute
- Privileges
- Recognized Federal Privileges:
- Attorney-Client
- Husband-Wife
- Priest-Penitent
- Psychotherapist-Patient
- Federal common law does not recognize a doctor-patient privilege; most states do.