California · Evidence Code
EVID §404: Whenever the proffered evidence is claimed to be privileged under Section 940, the person claiming the privilege has the burden of showing that the proffered evidence might tend to incriminate him; an
What this law says, in plain English
When someone claims evidence is privileged under Section 940, they must prove the evidence could tend to incriminate them.
Read the full statutory text
Whenever the proffered evidence is claimed to be privileged under Section 940, the person claiming the privilege has the burden of showing that the proffered evidence might tend to incriminate him; and the proffered evidence is inadmissible unless it clearly appears to the court that the proffered evidence cannot possibly have a tendency to incriminate the person claiming the privilege.
Verify at the official source: California legislative text
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