In a suit by Palmer against Denby, Palmer sought to subpoena an audiotape on which Denby had narrated his version of the dispute for his attorney. Counsel for Denby moves to quash the subpoena on the ground of privilege. The audiotape is most likely to be subject to subpoena if 
Denby played the audiotape for his father to get his reactions. the lawsuit involved alleged criminal behavior by Denby. Denby has been deposed and there is good reason to believe that the audiotape may contain inconsistent statements. Denby is deceased and thus unavailable to give testimony in person.