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Judicial procedure

Judicial procedure. 42 PA.C.S.A. chapter 59. 5912. Effect of prior conviction. No person can be disqualified as a witness for conviction of perjury. May affect credibility of witness. 5913. Spouses as witnesses against each other. 1. Can’t be forced to testify against spouse

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Judicial procedure

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  1. Judicial procedure 42 PA.C.S.A. chapter 59

  2. 5912. Effect of prior conviction • No person can be disqualified as a witness for conviction of perjury. • May affect credibility of witness

  3. 5913. Spouses as witnesses against each other • 1. Can’t be forced to testify against spouse • 2. May waive that privilege • 3. Exceptions to privilege: domestic violence, bigamy, murder, IDSI & rape

  4. 5914. Confidential com-munications between spouses • 1. Can’t be forced to testify to spousal private communications • 2. May be waived

  5. 5916. Confidential com-munication to attorney • 1. Neither attorney nor client can be forced to repeat privileged communication • 2. Can be waived by client

  6. 5942. Confidential communi-cation to news reporters • 1. news personnel can’t be forced to disclose sources • 2. must keep a record of the communications for one year

  7. 5943. Confidential com-munications to clergymen • 1. Clergyman can’t be forced to break privilege • 2. Must be dur-ing course of regular duties • 2. can be waived by client

  8. 5943. Clergymen (con’t) • 1. Must be a clergyman from an established church or re-ligous organization • 2. May include self-ordained clergy • 3. May include other people in congregation who are con-sidered clergy

  9. 5944. Confidential communi-cation to psychiatrists or licensed psycologists • 1. Privilege same as attorney-client • 2. can be waived by client • 3. does not apply to court mandated examinations

  10. 5945. Confidential communi-cation to school personnel • 1. Privilege can’t be broken by the following: guidance coun-slor, nurse, psy-chologist & home & school visitor • 2. Can be waived by client

  11. 5945. Confidential communication to school personnel 1.Student under 18 must waive privilege with parental ok 2. Can be waived if over age 18

  12. 5945.1. Confidential com-munication to sexual assault counselors • 1. Counselor can’t break privilege without approval of client • 2. Client can waive privilege • 3. Co-participant can’t waive privilege

  13. 5945.2. Confidential communication to crime stoppers 1. Privilege attached 2. Can be waived by client

  14. 5947. Immunity orders • 1. May be issued by courts, grand juries, investigating grand juries, minor judiciary & coroners • 2. Immunity order: issued by courts listed above & forces a person to testify over privilege

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