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Churches and clergy

clergy-penitent privilege

The clergy-penitent privilege—also known as the clergy privilege, confessional privilege, priest-penitent privilege, clergyman-communicant privilege, or ecclesiastical privilege—is a rule of privilege in the law of evidence that allows a person who has confided in a member of the clergy (minister, priest, rabbi, or other leader of an established church or religious organization) to refuse to disclose, and to prevent the clergy member from disclosing a confidential communication.

In Utah, the clergy-penitent privilege is recognized and codified in the Utah Rules of Evidence, specifically Rule 506. This rule allows a person to refuse to disclose, and to prevent a clergy member from disclosing, any confidential communication made to the clergy member in their role as a spiritual advisor. The privilege applies when the clergy member is acting in the capacity of a minister, priest, rabbi, or other leader of an established church or religious organization, and the communication is made for the purpose of seeking spiritual counsel. The privilege can be claimed by the communicant, the clergy member, or on behalf of the communicant by the clergy member. However, there are exceptions to this privilege, such as when the communication is intended to further a crime or fraud, or in cases where the clergy member is required by law to report certain information, such as child abuse.

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Churches and clergy

clergy-penitent privilege

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Churches and clergy

clergy-penitent privilege

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