Witnesses

As a matter of public policy, certain relationships are held to be confidential and certain communications are privileged against disclosure by a witness. A witness cannot refuse to testify about a matter disclosed in a private conversation in confidence and in reliance upon the witness's promise of secrecy unless the law recognizes it as a confidential communication. Certain communications arising between an attorney and client, a HUSBAND AND WIFE, priest and penintent, and a physician and patient are privileged against disclosure by a witness.

An individual who refuses to either provide testimony or to answer proper questions when examined before a court is liable for contempt. A mere evasive or noncommittal answer does not, however, constitute a refusal to answer that is punishable by contempt, at least when the court does not direct the witness to be more specific in his answers. A witness cannot be penalized for refusing to answer questions when the answers would violate his PRIVILEGE AGAINST SELF-INCRIMINATION under the FIFTH AMENDMENT to the U.S. Constitution.