party opposing privilege (Pennsylvania) · Go Syfert
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party opposing privilege in Pennsylvania

6 Pennsylvania opinions name it 3 courts 2011–2024 1 in the last five years

The cases below were cited by Pennsylvania courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
Commonwealth v. Hancharikgreen
pa · 1993 · cited in 2 Pennsylvania opinions naming this issue, 2012–2016
2 sentences

2016“Communications between spouses are presumed to be confidential and the party opposing the privilege bears the burden of overcoming this presumption.” Id. (citing Commonwealth v. Hancharik, 534 Pa. 435 , 633 A.2d 1074, 1078 (1993)).

2016“Communications between spouses are presumed to be confidential and the party opposing the privilege bears the burden of overcoming this presumption.” Id. (citing Commonwealth v. Hancharik, 534 Pa. 435 , 633 A.2d 1074, 1078 (1993)).

22
CAP Glass v. Coffman, T. Appeal of: Cavanaugh, L.green
pasuperct · 2016 · cited in 1 Pennsylvania opinions naming this issue, 2024–2024
1 sentence

2024Courts presume that communications between spouses are confidential, such that “the party opposing the privilege bears the burden of overcoming this presumption.” CAP Glass, Inc., 130 A.3d at 788 (citation omitted). ____________________________________________ 3 Section 5914 provides the identical privilege for criminal cases, merely replacing the phrase “civil matter” with “criminal proceeding.” 42 Pa.C.S. § 5914.

11
Commonwealth v. Huntergreen
pasuperct · 2013 · cited in 1 Pennsylvania opinions naming this issue, 2014–2014
1 sentence

2014Id. at 159-160 (citations and footnote omitted). - 16 - J-A26019-14 Instantly, the Commonwealth did not call Appellant’s husband as a witness.

11
Daimlerchrysler Motors Co. v. Lew Williams, Inc.green
calctapp · 2006 · cited in 1 Pennsylvania opinions naming this issue, 2011–2011
2 sentences

2011See DaimlerChrysler Motors Company v. Lew Williams, Inc., 142 Cal.App.4th 344, 350 , 48 Cal.Rptr.3d 233 (2006) (“If the court finds such a showing has been made, it then determines whether the plaintiff has demonstrated a probability of prevailing on the claim.”).

2011See DaimlerChrysler Motors Company v. Lew Williams, Inc., 142 Cal.App.4th 344, 350 , 48 Cal.Rptr.3d 233 (2006) (“If the court finds such a showing has been made, it then determines whether the plaintiff has demonstrated a probability of prevailing on the claim.”).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
Pennsbury Village Associates, LLC v. McIntyre green
pa · 2011
1 sentence

2019Id.

12019–2019
Seitz v. Seitz green
pa · 1895
2 sentences

2016“Whether a communication is to be considered as confidential depends upon its character as well as upon the relation of *789 the parties.” Seitz v. Seitz, 170 Pa. 71 , 32 A. 578 (1895).

2016“Whether a communication is to be considered as confidential depends upon its character as well as upon the relation of *789 the parties.” Seitz v. Seitz, 170 Pa. 71 , 32 A. 578 (1895).

12016–2016

Where else courts name it

CA 17 (1995–2025) TX 14 (2001–2024) IL 11 (1987–2025) GA 7 (1994–2020) MO 7 (1987–2019) PA 6 (2011–2024) KY 6 (2002–2019) OR 6 (1987–2026) VA 6 (2001–2017) MS 5 (1978–2013) AZ 5 (1974–2025) NY 5 (2006–2024) LA 4 (1993–2015) AL 4 (1989–2017) ME 4 (2011–2022) NM 4 (1996–2007) NJ 3 (1950–2018) MD 3 (1985–2018) WV 3 (1998–2004) UT 3 (2011–2024) FL 3 (2009–2014) WI 2 (1995–2005) MA 2 (2003–2018) CT 2 (1998–2000) NE 2 (2020–2025)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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