Section 14.5 Incompetent Witnesses Versus Confidential Records—An Unresolved Issue
| Library | Evidence 2017 |
V. (§14.5) Incompetent Witnesses Versus Confidential Records—An Unresolved Issue
Most of the traditional privileges arise from the incompetency of the holder of privileged information to testify concerning the protected subject matter or release records within their control. See, e.g., § 491.060, RSMo 2016. Persons incompetent to testify include attorneys, priests, physicians, and others who are incompetent to testify concerning the substance of the relationship. Id.
There has been a proliferation of...
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