§ Sec. 916. Exclusion of privileged information where persons authorized to claim privilege are not present

§ 916. Exclusion of privileged information where persons authorized to claim privilege are not present

 

(a) The presiding officer, on his own motion or on the motion of any party, shall exclude information that is subject to a claim of privilege under this division if:

 

     (1) The person from whom the information is sought is not a person authorized to claim the privilege; and

 

     (2) There is no party to the proceeding who is a person authorized to claim the privilege.

 

(b) The presiding officer may not exclude information under this section if:

 

     (1) He is otherwise instructed by a person authorized to permit disclosure; or

 

     (2) The proponent of the evidence establishes that there is no person authorized to claim the privilege in existence.