§ 5:10 Potential Constitutional Limitations on Claims of Privilege — The Constitutional Right to Produce Evidence
Federal Evidence § 5:10 (4th ed., 2013)
12 Pages Posted: 12 Jun 2014
Date Written: 2013
Generally under the law a litigant is entitled to every person's evidence in order to pursue a claim or defense. A primary exception to this rule is where the evidence is privileged and hence protected from compelled disclosure. However, even privileged evidence can be compelled to be disclosed in some circumstances, such as where it is critical exculpatory evidence needed by a criminal defendant. This Section discusses the conflict between the law of privilege and a criminal defendant's constitutional right to produce evidence in his defense.
Keywords: federal rules of evidence, Rule 502, waivers, limitations, attorney-client privilege, forensic laboratory reports
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