§ 1016 Patient Mental Condition Disclosure

Evidence Code·California

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Key Takeaways

•If a patient talks about their feelings or mental health, it’s not always private.
•This can happen if the patient or someone close to them brings it up in a legal case.
•If someone is suing because the patient got hurt or died, their mental health info might be used in court.

Example

A person gets hurt in a car crash and sues the other driver. They say they’re really sad and scared now.

The court can look at their therapy notes to see how the crash affected their feelings, even if it’s private stuff.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source

View on CA.gov

§ 1016 Patient Mental Condition Disclosure

There is no privilege under this article as to a communication relevant to an issue concerning the mental or emotional condition of the patient if such issue has been tendered by: (a) The patient; (b) Any party claiming through or under the patient; (c) Any party claiming as a beneficiary of the patient through a contract to which the patient is or was a party; or (d) The plaintiff in an action brought under Section 376 or 377 of the Code of Civil Procedure for damages for the injury or death of the patient. (Enacted by Stats. 1965, Ch. 299.)

Last verified: January 22, 2026

Key Terms

privilege mental or emotional condition patient Section 376 or 377 of the Code of Civil Procedure

References

Official text at leginfo.legislature.ca.gov
California Legislature. Evidence Code. Section 1016.

Key Takeaways

Example

Key Terms

Related Statutes

References

Key Takeaways

Example

Key Terms

Related Statutes

References