Evidentiary Privilege in Nebraska
Mangrum, R. Collin
INTRODUCTION|The law of evidentiary privilege can be fairly described as complicated, confusing, and controversial. This is unfortunate particularly because of all the evidentiary rules, it is the only one that "applies at all stages of all actions, cases and proceedings." Evidentiary privilege is complicated, in part, because of the multiplicity of rules involved. The United States Supreme Court approved thirteen rules covering privilege, but they were entirely deleted by Congress when the Federal Rules of Evidence were finally enacted into law. Congress in Rule 501 acknowledged that special rules of privilege may be prescribed by Congress or the Supreme Court pursuant to statutory authority, but left the body of evidentiary privilege to "be governed by the principles of the common law as they may be interpreted by the courts of the United States in the light of reason and experience." Nebraska essentially adopted, with some modifications, the thirteen rules approved by the Supreme Court but rejected by Congress. Consequently, the rules of privilege are complex, in part, because of their variety of sources and content...
23 Creighton L. Rev. 235 (1989-1990)
Creighton University School of Law