Nevada Revised Statutes
Nev. Rev. Stat. § 49.385 (2026)
Waiver of privilege by voluntary disclosure; exceptions
✓ current as of July 2026
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NRS 49.385 Waiver of privilege by voluntary disclosure; exceptions.
1. A person upon whom these rules confer a privilege against disclosure of a confidential matter waives the privilege if the person or the person’s predecessor while holder of the privilege voluntarily discloses or consents to disclosure of any significant part of the matter.
2. This section does not apply if the disclosure is:
(a) Itself a privileged communication;
(b) Made to an interpreter employed merely to facilitate communications; or
(c) Made to the Department of Indigent Defense Services or a designee of the Department for the purpose of:
(1) Requesting prior approval of a claim pursuant to paragraph (a) of subsection 1 of NRS 7.135;
(2) Submitting a claim for compensation or expenses pursuant to NRS 7.125 or 7.135; or
(3) Submitting a complaint against an attorney providing indigent defense services pursuant to NRS 180.320.
(Added to NRS by 1971, 787; A 1995, 803; 2023, 527)
Notes of Decisions
Cited in 8
cases, 1979–2020 · leading case: Diaz v. Eighth Jud. Dist. Court of Nevada, 993 P.2d 50 (Nev. 2000).
Diaz v. Eighth Jud. Dist. Court of Nevada, 993 P.2d 50 (Nev. 2000). “275, Nevada's legislature enacted NRS 49.385, which governs waiver of privileges by voluntary disclosure.”
Newburn v. Howard Hughes Med. Inst., 594 P.2d 1146 (Nev. 1979). “015], which privilege may be waived by voluntary disclosure [NRS 49.385]. 2. In the matter at hand the district court ruled that there was no basis upon which to construe Newburn's April 6, 1978, disclosures as investigative reporting since he was not receiving information, but,…”
Las Vegas Sun, Inc. v. Eighth Jud. Dist. Court Ex Rel. Cnty. of Clark, 761 P.2d 849 (Nev. 1988). “Our opinion in Newburn held that the waiver statute, NRS 49.385, 4 applied to all of the privileges in Chapter 49, including the shield law.”
Newton v. Nat'l Broad. Co., 109 F.R.D. 522 (D. Nev. 1985). “Plaintiff urges the Court to draw no distinction between disclosure of the substance of conversations with confidential sources and disclosure of the identities of said confidential sources.”
Cheyenne Constr., Inc. v. Hozz, 720 P.2d 1224 (Nev. 1986). “NRS 49.385; Arkansas National Bank v. Cleburne County Bank, 525 S.”
Bradley Vs. Dist. Ct. (hudson), 2017 NV 92 (Nev. 2017). “213, the psychologist-patient privilege may also voluntarily be waived pursuant to NRS 49.385, which states: As the Hammon court noted, there may be times when a witness's right to keep certain information confidential must yield to a criminal defendant's right to confront the…”
Bradley Vs. Dist. Ct. (hudson), 2017 NV 92 (Nev. 2017). “213, the psychologist-patient privilege may also voluntarily be waived pursuant to NRS 49.385, which states: As the Hammon court noted, there may be times when a witness's right to keep certain information confidential must yield to a criminal defendant's right to confront the…”
Lee v. Dennison (D. Nev. 2020). “4 Preliminarily, the Court finds that the privilege under NRS 49.385 does not bar Defendants 5 from deposing Plaintiff’s psychiatrist and social worker.”
— Nev. Rev. Stat. § 49.385(1) — 4 cases
Diaz v. Eighth Jud. Dist. Court of Nevada, 993 P.2d 50 (Nev. 2000). “275, Nevada's legislature enacted NRS 49.385, which governs waiver of privileges by voluntary disclosure.”
Newburn v. Howard Hughes Med. Inst., 594 P.2d 1146 (Nev. 1979). “015], which privilege may be waived by voluntary disclosure [NRS 49.385]. 2. In the matter at hand the district court ruled that there was no basis upon which to construe Newburn's April 6, 1978, disclosures as investigative reporting since he was not receiving information, but,…”
Bradley Vs. Dist. Ct. (hudson), 2017 NV 92 (Nev. 2017). “213, the psychologist-patient privilege may also voluntarily be waived pursuant to NRS 49.385, which states: As the Hammon court noted, there may be times when a witness's right to keep certain information confidential must yield to a criminal defendant's right to confront the…”
Bradley Vs. Dist. Ct. (hudson), 2017 NV 92 (Nev. 2017). “213, the psychologist-patient privilege may also voluntarily be waived pursuant to NRS 49.385, which states: As the Hammon court noted, there may be times when a witness's right to keep certain information confidential must yield to a criminal defendant's right to confront the…”
— Nev. Rev. Stat. § 49.385(2) — 2 cases
Newburn v. Howard Hughes Med. Inst., 594 P.2d 1146 (Nev. 1979). “015], which privilege may be waived by voluntary disclosure [NRS 49.385]. 2. In the matter at hand the district court ruled that there was no basis upon which to construe Newburn's April 6, 1978, disclosures as investigative reporting since he was not receiving information, but,…”
Newton v. Nat'l Broad. Co., 109 F.R.D. 522 (D. Nev. 1985). “Plaintiff urges the Court to draw no distinction between disclosure of the substance of conversations with confidential sources and disclosure of the identities of said confidential sources.”
— Nev. Rev. Stat. § 49.385(2)(a) — 1 case
Diaz v. Eighth Jud. Dist. Court of Nevada, 993 P.2d 50 (Nev. 2000). “275, Nevada's legislature enacted NRS 49.385, which governs waiver of privileges by voluntary disclosure.”
— Nev. Rev. Stat. § 49.385(2)(b) — 1 case
Diaz v. Eighth Jud. Dist. Court of Nevada, 993 P.2d 50 (Nev. 2000). “275, Nevada's legislature enacted NRS 49.385, which governs waiver of privileges by voluntary disclosure.”
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