Question: Are there people in our society that are not required to testify as to communications with another person? Answer: Yes, but they are limited and may be waived by certain conduct. Under Indiana law (I.C. §34-46-3-1), the following persons shall not be required to testify regarding the following communications: (1) Attorneys, as to confidential communications made to them in the course of their professional business, and as to advice given in such cases. (2) Physicians, as to matters communicated to them by patients, in the course of their professional business, or advice given in such cases. (3) Clergymen, as to the following confessions, admissions, or confidential communications: (A) Confessions or admissions made to a clergyman in the course of discipline enjoined by the clergyman’s church and (B) A confidential communication made to a clergyman in the clergyman’s professional character as a spiritual adviser or counselor. (4) Husband and wife, as to communications made to each other. Note, communications made within the presence or hearing of a disinterested third party are not protected by this privilege. Further, certain privileges belongs to a party and may be waived by conduct attributable to that party.
