Statutes, codes, and regulations
Massachusetts Court Rules
Massachusetts Guide to Evidence
Article V - PRIVILEGES AND DISQUALIFICATIONS
Section 524 - Privileged Matter Disclosed Erroneously or Without Opportunity to Claim Privilege

Mass. R. Evid. 524

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As amended through October 3, 2024
Section 524 - Privileged Matter Disclosed Erroneously or Without Opportunity to Claim Privilege

A claim of privilege is not defeated by a disclosure erroneously made without an opportunity to claim the privilege.

Mass. Guid. Evid. 524

This section is derived from Commonwealth v. Neumyer, 432 Mass. 23, 35-36 (2000) (no waiver where record holder unaware of probable cause hearing and victim "was hardly in a position to be aware of her rights"). See also Commonwealth v. Dwyer, 448 Mass. 122, 145-146 (2006).