| Adopted Date: | 02/01/2025 |
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- This page, Section 524. Privileged matter disclosed erroneously or without opportunity to claim privilege, is offered by
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- Massachusetts Court System
Guide to Evidence
Article V. Privileges and Disqualifications
Guide to Evidence Section 524. Privileged matter disclosed erroneously or without opportunity to claim privilege
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Table of Contents
Section 524
A claim of privilege is not defeated by a disclosure erroneously made without an opportunity to claim the privilege.
Note
This section is derived from Commonwealth v. Neumyer, 432 Mass. 23, 35–36 (2000) (no waiver where record holder unaware of probable cause hearing and victim “was hardly in a position to be aware of her rights”). See also Commonwealth v. Dwyer, 448 Mass. 122, 145–146 (2006).
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Email Trial Court Law Libraries at lawlibraries@jud.state.ma.us