26-1-801. Policy to protect confidentiality in certain relations. There are particular relations in which it is the policy of the law to encourage confidence and to preserve it inviolate; therefore, a person cannot be examined as a witness in the cases enumerated in this part. History: En. Secs. 373-377, pp. 210, 211, L. 1867; re-en. Secs. 447-451, […]
26-1-802. Spousal privilege. Neither spouse may, without the consent of the other, testify during or after the marriage concerning any communication made by one to the other during their marriage. The privilege is restricted to communications made during the existence of the marriage relationship and does not extend to communications made prior to the marriage or […]
26-1-803. Attorney-client privilege. (1) An attorney cannot, without the consent of the client, be examined as to any communication made by the client to the attorney or the advice given to the client in the course of professional employment. (2) A client cannot, except voluntarily, be examined as to any communication made by the client to the […]
26-1-804. Confessions made to member of clergy. A member of the clergy or priest may not, without the consent of the person making the confession, be examined as to any confession made to the individual in the individual’s professional character in the course of discipline enjoined by the church to which the individual belongs. History: En. Secs. […]
26-1-805. Doctor-patient privilege. Except as provided in Rule 35, Montana Rules of Civil Procedure, a licensed physician, surgeon, or dentist may not, without the consent of the patient, be examined in a civil action as to any information acquired in attending the patient that was necessary to enable the physician, surgeon, or dentist to prescribe or […]
26-1-806. Speech-language pathologist, audiologist-client privilege. A speech-language pathologist or audiologist may not, without the consent of the client, be examined in a civil action as to any communication made by the client to the pathologist or audiologist. History: En. Secs. 373-377, pp. 210, 211, L. 1867; re-en. Secs. 447-451, p. 125, Cod. Stat. 1871; en. Secs. 629, […]
26-1-807. Mental health professional-client privilege. The confidential relations and communications between a psychologist, psychiatrist, licensed professional counselor, or licensed clinical social worker and a client must be placed on the same basis as provided by law for those between an attorney and a client. Nothing in any act of the legislature may be construed to require […]
26-1-808. Information gathered by psychology teachers and observers. Any person who is engaged in teaching psychology in any school or who, acting as such, is engaged in the study and observation of child mentality shall not, without the consent of the parent or guardian of such child being so taught or observed, testify in any civil […]
26-1-809. Confidential communications by student to employee of educational institution. A counselor, psychologist, nurse, or teacher employed by an educational institution may not be examined as to communications made to the individual in confidence by a registered student of the institution. However, this provision does not apply when consent has been given by the student, if not […]
26-1-810. Confidential communications made to public officer. A public officer may not be examined as to communications made to the officer in official confidence when the public interests would suffer by the disclosure. History: En. Secs. 373-377, pp. 210, 211, L. 1867; re-en. Secs. 447-451, p. 125, Cod. Stat. 1871; en. Secs. 629, 630, pp. 203, 204, […]
26-1-811. Repealed. Sec. 4, Ch. 481, L. 1999. History: En. Sec. 1, Ch. 364, L. 1987.
26-1-812. Advocate privilege. (1) Unless a report is otherwise required by law, an advocate may not, without consent of the victim, be examined as to any communication made to the advocate by a victim and may not divulge records kept during the course of providing shelter, counseling, or crisis intervention services. (2) This privilege belongs to the […]
26-1-813. Mediation — confidentiality — privilege — exceptions. (1) Mediation means a private, confidential, informal dispute resolution process in which an impartial and neutral third person, the mediator, assists disputing parties to resolve their differences. In the mediation process, decisionmaking authority remains with the parties and the mediator does not have authority to compel a resolution […]
26-1-814. Statement of apology, sympathy, or benevolence — not admissible as evidence of admission of liability for medical malpractice. (1) A statement, affirmation, gesture, or conduct expressing apology, sympathy, commiseration, condolence, compassion, or a general sense of benevolence relating to the pain, suffering, or death of a person that is made to the person, the person’s […]
