COMMUNICATION

communication. 1. The expression or exchange of information by speech, writing, gestures, or conduct; the process of bringing an idea to another’s perception. 2. The information so expressed or exchanged.

conditionally privileged communication.A defamatory statement made in good faith by a person with an interest in a subject to someone who also has an interest in the subject, as an employer giving a negative but accurate job review of a former employee to a potential future employer. • The privilege may be lost upon a showing of malice or bad faith. [Cases: Libel and

Slander  40. C.J.S. Libel and Slander; Injurious Falsehood §§ 57, 59, 64–65.]

confidential communication.A communication made within a certain protected relationship and legally protected from compelled disclosure in a legal proceeding. • Among confidential communications are those between hus-band and wife, attorney and client, and priest and penitent.

See PRIVILEGE(3). [Cases: Witnesses  184–223. C.J.S. Witnesses §§ 297–389.]

ex parte communication.A communication between counsel and the court when opposing counsel is not present. • Such communications are ordinarily prohibited. [Cases: Trial  18. C.J.S.

Trial §§ 91–92.]

privileged communication.A communication that is protected by law from compelled disclosure in a legal pro-ceeding, or that cannot be used against the person who made it. • Examples include an informant’s communication to a government agency and statements made in a legislative session by a legislator. See PRIVILEGE(3). [Cases: Witnesses  84–223. C.J.S.

Witnesses §§ 297–389.] [Blacks Law 8th]