Evidence Code §1016 — Patient-Litigant Exception

Type: California Evidence Code

Summary

There is no §1014 privilege as to a communication relevant to an issue concerning the patient’s mental or emotional condition if the patient (or a party claiming through the patient, a beneficiary of the patient by contract, or a CCP §376/377 plaintiff) has tendered the issue. Scope of the exception is bounded by what the patient-litigant has placed in issue.

When to use

The principal counter-doctrine to §1014 in this matter. If Jennifer’s filings put Charley’s mental or emotional condition at issue, his communications with any psychotherapist would no longer be privileged on that issue (subject to scope limits per the case law). Symmetrically, if Charley puts Jennifer’s mental or emotional condition at issue, hers comes in. Particularly relevant if any party asserts mental-health-derived “fear” claims as part of custody briefing — those claims tender the condition.

Section text (verbatim)

There is no privilege under this article as to a communication relevant to an issue concerning the mental or emotional condition of the patient if such issue has been tendered by:

(a) The patient;

(b) Any party claiming through or under the patient;

(c) Any party claiming as a beneficiary of the patient through a contract to which the patient is or was a party; or

(d) The plaintiff in an action brought under Section 376 or 377 of the Code of Civil Procedure for damages for the injury or death of the patient.

Linked exhibits

Transclude of Exhibits-by-Statute.base