WITNESSES I. INTRODUCTORY II. DUTY TO TESTIFY III. COMPETENCY IV. DISQUALIFYING FACTORS V. INCAPACITY OF ADVERSE PARTY VI. PRIVILEGED RELATIONS GENERALLY VII. PHYSICIAN AND PATIENT VIII. ATTORNEY AND CLIENT IX. MATTERS PRELIMINARY TO EXAMINATION 6. Testimony against Interest; Exposure to Pecuniary Loss or Liability 7. Self-degradation 8. Rule Stated SELF-INCRIMINATION GENERALLY 9. Exposure to Penalty or Forfeiture 10. Civil Case; Tribunal Claimable in 11. Character of Privilege Generally 12. Protection to Others; Remoteness or Actuality of Danger; Pendency of Prosecution 13. Form of Protection 14. Determination of Tendency of Answer to Incriminate 15. Actual Incriminating Effect of Answer; Papers 16. Necessity of Claiming 17. Right to Immunity without Claim; Notice of Privilege; Violation EXTENT OF PRIVILEGE 18. In General 19. Sources of Information; Extraneous Facts; Automobile Numbers 20. Acts 32. General Scope, of Cross Examination of Accused 33. Recall; Independent Privilege; Statement to Jury 54. Statement of Rule; Particular Cases 55. Impeachment or Proof of Official Act by Acting Officer 56. Judicial Officers; Jurors 57. Attorneys 58. Race or Nationality INTEREST OR PARTICIPATION IN ACTION 59. Rule as to Interest 60. Disqualifying Interest Defined 61. Illustrations and Exceptions; Waiver 62. Participation in Suit 63. Testimony by Party as to Intent MARITAL RELATION 64. In General 65. Case of Necessity; Evidence Obtained from Spouse 66. Criminal Action Generally; Cross Examination of Competent Spouse 67. Incriminating Evidence in Collateral Proceeding . 68. Crime against Spouse 59. Definition of Crime against Spouse Generally; Injury to Property 70. Wrongs to Marital Relation or Particularly Affecting Spouse 71. Matters Learned before Marriage 72. Competency for or against Coparty or Co-offender 73. Necessity of Legal Relation of Husband and Wife 74. Divorce; Death 75. Enabling Statutes 76. Power to Compel Spouse to Testify V. Incapacity of Adverse Party GENERAL CONSIDERATIONS 77. Statement of Rules 78. Rules of Construction 79. Extent of Application of Statutes Generally 80. Action Ex Delicto 81. Denial of Transaction 82. Persons within Protection of Statute 83. Surviving Partner 84. Generally PERSONAL TRANSACTIONS 85. Medical Attention; Execution of Instrument; Letter 86. General Rule as to Transactions between Deceased and Third Person 87. Limitations of Rule; Minority Doctrine 88. Transactions with Agents 89. Generally PERSONS SILENCED 90. Witness Favorable to Estate 91. Person in Interest Defined 92. Spouse under Common Law Disability or Modification Thereof 93. Disability of Spouse Removed 94. Rules as to Corporate Officers, Agents and Stockholders 95. Particular Statutes; Officers and Residents of Municipality 96. Coparty 97. Original Debtor PROBATE PROCEEDINGS 98. General Rule 99. Minority Doctrine 100. Extent of Incompetency; Person Disqualified 101. Fact of Marriage; Disputed Right of Succession 102. Generally WAIVER 103. Testimony as to Transaction; Cross Examination; Failure to Object; Finality of Waiver VI. Privileged Relations Generally IN GENERAL 104. Confidential Disclosures; Business Associates 105. Telegrams; Newspapers 106. Communications between Codefendants, or Relating to Litigation; Correspondence between Associate Counsel 107. State Secrets 108. Communications to Minister or Priest Generally 109. Necessity for Existence of Statutory Conditions 110. Communications Overheard by Third Person 111. Writing in Possession of Third Person 112. Waiver of Privilege; Finality HUSBAND AND WIFE 113. Statement of Rule 114. Duration of Privilege 115. Extent of Privilege Generally 116. Necessity that Communications be Confidential in Character 117. Communications in Presence of Third Person 118. Knowledge Acquired Independently of Marital Relation 119. Writings 120. Waiver of Privilege VII. Physician and Patient GENERALLY 121. Historical; Construction of Statutes 122. Extent of Privilege Generally; Application to Criminal Cases 123. Mode of Attempted Introduction Immaterial 124. Information Acquired from Observation and Examination 125. Matters of Independent Knowledge; Communications from Physician 126. Information Necessary for Treatment 127. Determination of Necessity 128. Who Are Physicians within Meaning of Statute 129. Necessity for Existence of Relation of Physician and Patient 130. Creation of Relation 131. Privilege as Extending to Probate Proceedings WAIVER 132. In General 133. Representatives, Heirs or Beneficiaries 134. Circumstances Constituting Waiver Generally 135. Waiver by Contract; Effect of Presence of Third Person 136. Waiver in Suits for Malpractice 137. Extent of Waiver; Revocation VIII. Attorney and Client IN GENERAL 138. Rule Stated 139. Origin and Reason of Rule 140. Construction 141. Communications Relating to Making of Will Generally 143. Necessity RELATION OF ATTORNEY AND CLIENT 144. Creation and Existence Generally 145. Communications before Employment 146. Employment in Particular Capacity EXTENT OF PRIVILEGE 147. In General 148. Necessity of Pending Litigation; Materiality of Communication; Intent of Parties; Lapse of Time 149. Extraneous Matters 150. Necessity of Confidential Character 151. Effect of Presence of Third Persons 152. Communication Intended to Be Made Public or Transmitted; Dealings with Client's Property; Indebtedness to Attorney |