Section 14.6 Absolute Versus Qualified Privilege

• Library: Evidence 2017

VI. (§14.6) Absolute Versus Qualified Privilege

“Privileges which must sometimes yield to competing rights are deemed qualified.” State ex rel. Mo. Ethics Comm’n v. Nichols, 978 S.W.2d 770, 773 (Mo. App. E.D. 1998).

“[u]nlike other evidentiary rules that exclude evidence because it is potentially unreliable, privilege statutes shield potentially reliable evidence in an attempt to foster relationships.” Moreover, “[w]hile the assurance of confidentiality may encourage relationships of trust, privileges...