Confidential Clergy Communications Privilege Statutes: Utah

Confidential Clergy Communications Statutes

Utah Confidential Clergy Communications Privilege Statute

UTAH CODE ANNOTATED

TITLE 78. Judicial Code.

Part III. Procedure.

Chapter 24. Witnesses.

  • 78-24-8(3). Privileged communications.

(3) A clergyman or priest cannot, without the consent of the person making the confession, be examined as to any confession made to him in his professional character in the course of discipline enjoined by the church to which he belongs.

UTAH COURT RULES

State Court Rules.

Utah Rules of Evidence.

Article V. Privileges.

Rule 503. Communications to Clergy.(a) Definitions. As used in this rule:

(1) A “cleric” is a minister, priest, rabbi, or other similar functionary of a religious organization or an individual reasonably believed so to be by the person consulting that individual.

(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 any confidential communication to a cleric in the cleric’s religious capacity and necessary and proper to enable the cleric to discharge the functions of the cleric’s office according to the usual course of practice or discipline.

(c) Who May Claim the Privilege. The privilege may be claimed by the person who made the confidential communication, by the person’s guardian or conservator, or by the person’s personal representative if the person is deceased. The person who was the cleric at the time of the communication is presumed to have authority to claim the privilege on behalf of the communicant.