78B-1-137 - Witnesses -- Privileged communications. - Utah Statutes

78B-1-137. Witnesses -- Privileged communications.
There are particular relations in which it is the policy of the law to encourage confidenceand to preserve it inviolate. Therefore, a person cannot be examined as a witness in thefollowing cases:
(1) (a) Neither a wife nor a husband may either during the marriage or afterwards be,without the consent of the other, examined as to any communication made by one to the otherduring the marriage.
(b) This exception does not apply:
(i) to a civil action or proceeding by one spouse against the other;
(ii) to a criminal action or proceeding for a crime committed by one spouse against theother;
(iii) to the crime of deserting or neglecting to support a spouse or child;
(iv) to any civil or criminal proceeding for abuse or neglect committed against the childof either spouse; or
(v) if otherwise specifically provided by law.
(2) An attorney cannot, without the consent of the client, be examined as to anycommunication made by the client to the attorney or any advice given regarding thecommunication in the course of the professional employment. An attorney's secretary,stenographer, or clerk cannot be examined, without the consent of the attorney, concerning anyfact, the knowledge of which has been acquired as an employee.
(3) A member of the clergy or priest cannot, without the consent of the person makingthe confession, be examined as to any confession made to either of them in their professionalcharacter in the course of discipline enjoined by the church to which they belong.
(4) A physician or surgeon cannot, without the consent of the patient, be examined in acivil action as to any information acquired in attending the patient which was necessary to enablethe physician or surgeon to prescribe or act for the patient. However, this privilege shall bewaived by the patient in an action in which the patient places the patient's medical condition atissue as an element or factor of the claim or defense. Under those circumstances, a physician orsurgeon who has prescribed for or treated that patient for the medical condition at issue mayprovide information, interviews, reports, records, statements, memoranda, or other data relatingto the patient's medical condition and treatment which are placed at issue.
(5) A public officer cannot be examined as to communications made in officialconfidence when the public interests would suffer by the disclosure.
(6) A sexual assault counselor as defined in Section 77-38-203 cannot, without theconsent of the victim, be examined in a civil or criminal proceeding as to any confidentialcommunication as defined in Section 77-38-203 made by the victim.

Renumbered and Amended by Chapter 3, 2008 General Session