18 Evidentiary Privileges and Immunities

Effect should be given to privileges, immunities, and similar protections of a party or nonparty concerning disclosure of evidence or other information.

The court should consider whether these protections may justify a party's failure to disclose evidence or other information when deciding whether to draw adverse inferences or to impose other indirect sanctions.

The court should recognize these protections when exercising authority to impose direct sanctions on a party or nonparty to compel disclosure of evidence or other information.