privilege
In the law of evidence, privilege is a rule that protects certain communications from disclosure in legal proceedings. When a communication is privileged, it is generally exempt from discovery and cannot be introduced as testimony, even if it is relevant to the dispute. Evidentiary privileges are based on public policy considerations. The law recognizes that some relationships and constitutional interests function best when participants can communicate freely, without fear that their statements will later be compelled in court.
Common examples include the privilege against self-incrimination, which protects individuals from being forced to testify against themselves in criminal cases, and relationship-based privileges such as the attorney-client privilege and the spousal communications privilege. These doctrines reflect a judgment that encourages candid communication in certain contexts outweighs the cost of limiting access to potentially probative evidence. Because privileges restrict the fact-finding process, courts generally interpret them narrowly, and the party asserting a privilege typically bears the burden of establishing that it applies.
[Last reviewed in February of 2026 by the Wex Definitions Team]
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