California Codes

Cal. Evidence Code § 959 (2026)

✓ current as of May 2026

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There is no privilege under this article as to a communication relevant to an issue concerning the intention or competence of a client executing an attested document of which the lawyer is an attesting witness, or concerning the execution or attestation of such a document.

Notes of Decisions

Cited in 1 case, 1983–1983 · leading case: Kime v. Barnard, 144 Cal. App. 3d 246 (Cal. Ct. App. 1983).

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Kime v. Barnard, 144 Cal. App. 3d 246 (Cal. Ct. App. 1983). “) Evidence Code section 959 narrowed the exception: a lawyer who acts as an attesting witness can divulge only information received in his capacity as an attesting witness and not in his capacity as a lawyer.”

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