Confidential Clergy Communications Privilege Statutes: Delaware

Confidential Clergy Communications Statutes

Delaware Confidential Clergy Communications Privilege Statute

DELAWARE CODE ANNOTATED

Delaware Uniform Rules of Evidence.

Article V. Privileges.

Rule 505. Religious privilege.(a) Definitions. As used in this rule:

(1) A “clergyman” is a minister, priest, rabbi, accredited Christian Science practitioner or other similar functionary of a religious organization, or an individual reasonably believed so to be by the person consulting him.

(2) A communication is “confidential” if made privately and not intended for further disclosure except to other persons present in furtherance of the purpose of the communication.

(b) General rule of privilege. A person has a privilege to refuse to disclose and to prevent another from disclosing a confidential communication by the person to a clergyman in his professional character as a spiritual adviser.

(c) Who may claim the privilege. The privilege may be claimed by the person, by his guardian or conservator, or by his personal representative if he is deceased. The clergyman may claim the privilege on behalf of the person. His authority so to do is presumed in the absence of evidence to the contrary.