Ind. Evidence Rule 501

Effective January 1, 2014

(a) General Rule.

Except as provided by constitution, statute, any rules promulgated by the Indiana Supreme Court,

or common law, no person has a privilege to:

(1) refuse to be a witness;

(2) refuse to disclose any matter;

(3) refuse to produce any object or writing; or

(4) prevent another from being a witness or disclosing any matter or producing any object or writing.

(b) Waiver of Privilege by Voluntary Disclosure.

Subject to the provisions of Rule 502, a person with a privilege against disclosure waives the privilege if the person or person’s predecessor while holder of the privilege voluntarily and intentionally

discloses or consents to disclosure of any significant part of the privileged matter. This rule does not

apply if the disclosure itself is privileged.

(c) Privileged Matter Disclosed Under Compulsion or Without Opportunity to

Claim Privilege.

A claim of privilege is not defeated by a disclosure which was (1) compelled erroneously or (2)

made without opportunity to claim the privilege.

(d) Comment Upon or Inference From Claim of Privilege; Instruction.

Except with respect to a claim of the privilege against self-incrimination in a civil case:

(1) Neither the judge nor counsel may comment upon the claim of a privilege, whether in the

present proceeding or on a prior occasion. No inference may be drawn from the claim of a privilege.

(2) In jury cases, the judge, to the extent practicable, must conduct proceedings so as to allow

parties and witnesses to claim privilege without the jury’s knowledge.

(3) If requested by a party against whom the jury might draw an adverse inference from a claim

of privilege, the court must instruct the jury that the jury must not draw an adverse inference from

the claim of privilege.