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FAQ - Can I stop certain people from testifying against me?

The short answer to this question is: yes, under some circumstances.

The Louisiana Code of Evidence contains multiple “testimonial privileges”. (La CE Chapter 5). The privileges that exist in Louisiana are:

  • Spousal Confidential Communication;

  • Spousal Witness;

  • Lawyer-Client;

  • Health-Care Provider-Patient;

  • Clergyman;

  • Political Vote;

  • Trade Secrets;

  • Identity of Informer; and

  • Accountant-Client.

A testimonial privilege essentially allows one party to refuse to testify against another or allows one party to prevent another from testifying against him.

In the coming weeks, we will discuss each of these privileges in much more depth, but going in, it is vital to know that these privileges exist between the parties to them automatically. They can, however, be waived if one of the parties voluntarily discloses the content of the communication or consents to the disclosure of the content of the communication.

Come back next week for some discussion of the Spousal Confidential Communication and Spousal Witness Privileges. If you have questions until then about whether one of these privileges might apply in your case, give us a call at (318) 459-9111.

evidenceKatherine GilmerGilmer & Giglio, LLCcriminal defense, criminal law, bossier criminal defense, shreveport criminal defense, rules of evidence