Section 38 Clergy Privilege

LibraryProf Liability 2005

Section 491.060(4), RSMo 2000, states that the following persons shall be incompetent to testify:

Any person practicing as a minister of the gospel, priest, rabbi or other person serving in a similar capacity for any organized religion, concerning a communication made to him or her in his or her professional capacity as a spiritual advisor, confessor, counselor or comforter.

This section renders a clergyperson incompetent to testify as to certain communications, but it does not create its own cause of action. Hester v....

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