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Topic: Privledged Information ? ? ?

Created on: 04/02/14 12:50 PM

Replies: 3

BOB5


Joined: 11/08/13

Posts: 29

Privledged Information ? ? ?
04/02/14 12:50 PM

I'm a defendant in a lawsuit...and i have yet to find a GOOD and Simple Explanation of Privileged information.

The Plaintiff has claimed Privileged information concerning photographs of the accident scene (a slip and fall).

It is not in the course...and i am really frustrated over this.

Can anyone tell me what is Privileged information?

Bob

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TERRY4


Joined: 11/08/13

Posts: 32

RE: Privledged Information ? ? ?
04/02/14 9:22 PM

Bob
go to your jurisdictions web site for court rules and then look for E.R or evidence rules.
The evidence rules will cover privilege.Usually covers many things.In my state wa.they cover.
1.Attorney-client
2.clergyman-priest
3.dispute resolution center
4.spouse or domestic partner
5.physician-patient
6.psychologist
There are others but you get the gist.
Bob here is a simple explanation of privilege.
The right not to testify or prevent another from testifying or offering evidence protected by legal privilege.
Look in the using evidence rules tutorial.
I think you should file a motion for in camera meeting with the judge to look at the pictures and see if he thinks they are privileged or not If they are pictures of the scene of the accident they should not be.You have the right to see the scene of the accident and take pictures of your own if possible and the scene has not been changed.
Well hope that helps.
Tom

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CHRIS4


Joined: 11/08/13

Posts: 58

RE: Privledged Information ? ? ?
04/03/14 4:28 PM

Bob,

As per Terry4's comment, file a motion for discovery. In New York it is called a motion for documents and inspections - CPLR Article 31.

Allow the plaintiff to respond\deny to the request and then you may have to file motion to compel production of evidence to view the photograph.

Review the evidence rules for your state\county. Follow the guidelines in Jurisdictionary course.

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ANDREW2


Joined: 11/08/13

Posts: 5

RE: Privledged Information ? ? ?
04/30/14 8:48 PM

I agree with Terry's assessment and would also add that usually for information to be privileged it has to be made with a reasonable expectation of privacy. If it was a picture for an insurance company or something like that, it probably wouldn't be considered privileged. Yes, the course does cover "privileged info" but it doesn't relate how it would apply to a photograph, so I am just inferring from information available. Hope any of this helps!

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