Montana § 26-1-903 Waiver Of Privilege

Montana Statutes

§ 26-1-903 — Waiver Of Privilege

Montana·Title 26 EVIDENCE·Ch. 1 STATUTORY PROVISIONS ON EVIDENCE·Part 9 Media Confidentiality Act

26-1-903 . Waiver of privilege.

(1)Except as provided in subsection (2), dissemination in whole or in part does not constitute a waiver of provisions of 26-1-902 .

(2)If the person claiming the privilege testifies, with or without having been subpoenaed or ordered to testify or produce the source, before a judicial, legislative, administrative, or other body having the power to issue subpoenas or judicially enforceable orders, the person does not waive the provisions of 26-1-902 unless the person voluntarily agrees to waive the privilege or voluntarily discloses the source in the course of the person's testimony. Except as provided in this subsection, the provisions of 26-1-902 may not be waived.

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26-1-903 . Waiver of privilege. (1) Except as provided in subsection (2), dissemination in whole or in part does not constitute a waiver of provisions of 26-1-902 .
(2) If the person claiming the privilege testifies, with or without having been subpoenaed or ordered to testify or produce the source, before a judicial, legislative, administrative, or other body having the power to issue subpoenas or judicially enforceable orders, the person does not waive the provisions of 26-1-902 unless the person voluntarily agrees to waive the privilege or voluntarily discloses the source in the course of the person's testimony. Except as provided in this subsection, the provisions of 26-1-902 may not be waived.

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Legislative History

En. Sec. 2, Ch. 195, L. 1943; amd. Sec. 1, Ch. 56, L. 1951; amd. Sec. 1, Ch. 225, L. 1977; R.C.M. 1947, 93-601-2(3), (4); amd. Sec. 3, Ch. 285, L. 1979; amd. Sec. 1, Ch. 544, L. 1989; amd. Sec. 539, Ch. 56, L. 2009.