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HomeEvidence CodeDiv. 8Ch. 3§ 913 Witness Privilege Protection Rules

§ 913 Witness Privilege Protection Rules

Evidence Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 913 Witness Privilege Protection Rules

Key Takeaways

  • •If someone refuses to answer a question in court because of a legal right (like staying silent), no one can guess or assume why they did it.
  • •Judges and lawyers can't comment or hint that the person is hiding something because they didn't answer.
  • •The jury can't think the person is lying or guilty just because they used their right to stay quiet.
  • •If a party is worried the jury might think badly of them for using this right, they can ask the judge to tell the jury not to make any guesses about it.

Example

A person is on trial, and they choose not to answer a question because it might make them look bad.

The judge can't say anything like 'They're probably hiding something,' and the jury can't assume the person is guilty just because they didn't answer. If the person's lawyer is worried the jury will think badly of them, the lawyer can ask the judge to tell the jury to ignore that the person didn't answer.

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

Official Source
View on CA.gov

§ 913 Witness Privilege Protection Rules

(a) If in the instant proceeding or on a prior occasion a privilege is or was exercised not to testify with respect to any matter, or to refuse to disclose or to prevent another from disclosing any matter, neither the presiding officer nor counsel may comment thereon, no presumption shall arise because of the exercise of the privilege, and the trier of fact may not draw any inference therefrom as to the credibility of the witness or as to any matter at issue in the proceeding. (b) The court, at the request of a party who may be adversely affected because an unfavorable inference may be drawn by the jury because a privilege has been exercised, shall instruct the jury that no presumption arises because of the exercise of the privilege and that the jury may not draw any inference therefrom as to the credibility of the witness or as to any matter at issue in the proceeding. (Enacted by Stats. 1965, Ch. 299.)

Last verified: January 22, 2026

Key Terms

privilegepresumptioninferencecredibilitytrier of fact

Related Statutes

  • § 600 Presumptions And Inferences
  • § 604 Presumption Burden Of Evidence
  • § 722 Court Expert Witness Disclosure
  • § 601 Presumption Types And Effects
  • § 606 Presumption Burden Of Proof

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Evidence Code. Section 913.
View Official Source