Communications to Clergy

(a) Definitions. In this rule: (1) “Clergy member” means a minister, priest, rabbi, or other similar functionary of a church, religious organization, or religious denomination. (2) A communication is “confidential” when: (A) made privately, and (B) not intended to be disclosed except to further the purpose of the communication. (b) General Rule of Privilege. A person has a privilege to refuse to disclose – and to prevent others from disclosing – a confidential communication made by the person to a clergy member as spiritual adviser. (c) Who may Claim the Privilege. (1) The privilege may be claimed by: (A) the person who made the communication; (B) the person’s guardian or conservator; or (C) a deceased person’s personal representative. (2) Unless the privilege is waived, the clergy member must claim it on the person’s behalf. (d) Clerical Staff. A clergy member’s secretary, stenographer, or clerk must not be examined about any fact learned in that capacity without the clergy member’s consent. [Restyled effective July 1, 2016.] Advisory Committee Historical Note Effective July 1, 2016, the Rule was amended as part of the general restyling of the Evidence Rules. Effective June 16, 2016, the “Comment” was retitled “Advisory Committee Note.” Advisory Committee Note The language of Rule 505 has been amended as part of the general restyling of the Evidence Rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic only. There is no intent to change any result in any ruling on evidence admissibility.