I am filing an objection to a proposed order on waiving clergy privileges. The witness gave permission to the opposing party to contact the clergy member to ask whether the witness had or hadn't given permission to an psychologist to talk openly with the clergy member.The witness had given permission for the two privileged parties to talk - the reason for allowing the opposing counsel to ask was that the psychologist was testifying the witness had expressly forbade him from talking with the clergy. The clergy is testifying this is absolutely not true. By allowing the opposing counsel to ask this to the clergy member, the opposing counsel is arguing the witness as waived all clergy privileges. He is also stating that if the witness did give permission to the two parties, then he is now also waiving his privilege and the attorney can talk to the clergy.I am in Utah and have found a ruling in California where this same matter was brought before the court, and the court ruled against it saying it was a partial waver for specific information not intended to wave all privileges.Can I site the ruling from California in my objection in Utah?
Yes, you can cite out of state cases that decided the same or a similar issue. The California case is not binding on the Utah Court, but it may be persuasive, especially if there is no contrary Utah case.I hope this information is helpful.
Thank you! In this motion to object can I file a memorandum stating the facts, short but concise, because they need to be heard to lend weight to the objection?
Yes, a motion normally contains a statement of facts and an argument.
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