Religious Privilege

North Dakota Rules of Evidence

Rule: 505.

Jurisdiction: ND

Bluebook Citation: N.D.R.Ev. 505.

(a) Definitions. In this rule: (1) "Cleric" means 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 the cleric. (2) A communication is "confidential" if it is 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. An individual has a privilege to refuse to disclose and to prevent another from disclosing a confidential communication by the individual to a cleric in the cleric's professional character as spiritual adviser. (c) Who May Claim the Privilege. The privilege under this rule may be claimed by an individual or the individual's guardian or conservator, or by the individual's personal representative if the individual is deceased. The individual who was the cleric at the time of the communication is presumed to have authority to claim the privilege but only on behalf of the communicant.

Chat with this court rule using AI

Ask CiteLaw's AI Navigator anything about this court rule, verify citations, and research related authorities. Sign up for CiteLaw free today to get started.