Does a postjudgment appeal rule apply to the attorney client privilege of psychotherapist-patient privilege?

MultiRegion, United States of America

The following excerpt is from Rosner v. United States, 958 F.3d 163 (2nd Cir. 2020):

We see no reason to apply a different rule to the psychotherapist-patient privilege. See Jaffee v. Redmond , 518 U.S. 1, 10, 116 S.Ct. 1923, 135 L.Ed.2d 337 (1996) (acknowledging that both privileges are rooted in the same "imperative need for confidence and trust" (internal quotation marks omitted)). For both the attorney-client privilege and the psychotherapist-patient privilege, "postjudgment appeals generally suffice to protect the rights of litigants and ensure the vitality of the ... privilege" because "[a]ppellate courts can remedy the improper disclosure of privileged material in the same way they remedy a host of other erroneous evidentiary rulings: by vacating an adverse judgment and remanding for a new trial in which the protected material and its fruits are excluded from evidence." See Mohawk , 558 U.S. at 109, 130 S.Ct. 599.

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