2.04.200 [Rule 17] Privileges / General

The following subsections apply to Rule 16 through Rule 22:

(a) To be privileged a communication must come within these Rules.

(b) Generally the privilege does not cease upon the termination of the relationship.

(c) The privilege does not extend to communications in furtherance of an illegal purpose or fraud.

(d) Communications not made in confidence, e. g., intended to be relayed to third parties, made in the presence of third parties, etc., are not within the privilege.

(e) Waiver of the privilege can only be effected by the holder; i.e., by the client or patient, and not by the professional. In matters of nonprofessional privilege, the waiver can only be affected by the one making the communications.

(f) A third person unknown to the privilege holder cannot testify about the communication between the parties if the conversation took place in a location where there was a reasonable expectation of privacy.