Rule 505 - [Effective 1/1/2025] Religious Privilege(a) Definitions. As used in this rule: (1) "Member of the clergy" means a priest, rabbi, clergy member, ordained or licensed minister, leader of any church or religious body, accredited Christian Science practitioner, person performing official duties on behalf of a church or religious body that are recognized as the duties of a priest, rabbi, clergy, nun, brother, ordained or licensed minister, leader of any church or religious body, or accredited Christian Science practitioner. (2) A communication is "confidential" if made privately and not intended for further disclosure except to other persons present in furtherance of the purpose of the communication. (b) General rule of privilege. A person has a privilege to refuse to disclose and to prevent another from disclosing a confidential communication by the person to a member of the clergy in that person's professional character as spiritual adviser. (c) Who may claim the privilege. The privilege may be claimed by the communicant, by the communicant's guardian or conservator, or by the communicant's personal representative if such person is deceased. The person who was the member of the clergy at the time of the communication is presumed to have authority to claim the privilege, but only on behalf of the communicant. Amended 2003, No. 43, §4, eff. 5/27/2003; amended Aug. 12, 2024, effective 1/1/2025.Reporter's Notes-2025 Amendment
Rule 505 is amended to remove gendered pronouns.