Topic
Spousal Communications Privilege
40 published works
Presnell on Privileges
No Privilege for Spouses’ Business Text Messages, Delaware Chancellor Rules
Most understand the spousal privilege—or marital-communications privilege—to shield, well, confidential communications between spouses. But courts are increasingly asking whether the privilege applies to all spousal communications or only certain spousal…
EvidenceProf Blog
Court of Appeals of Kentucky Finds Criminal Defendant Waived Spousal Privilege by Calling His Wife to Testify at 2 Pre-Trial Hearings
By Colin Miller
Kentucky Rule of Evidence 504(a) provides that The spouse of a party has a privilege to refuse to testify against the party as to events occurring after the date of…
All Things Canada
Spousal Privilege: ‘Til Litigation Do Us Part
For spouses who find themselves named as co-defendants, a recent decision of the Ontario Superior Court of Justice is a warning about the limits of spousal privilege. A convenient plot…
EvidenceProf Blog
Court of Appeals of Mississippi Applies “Common Nucleus of Operative Fact” Test to Spousal Competency/Privilege
By Colin Miller
Mississippi Rule of Evidence 504 states the following:(a) Definition. A communication is “confidential” if a person makes it privately to the person’s spouse and does not intend its disclosure to…
Pennsylvania Family Law
Is Spousal Privilege Relevant in the 21st Century?
This writer, in his more grandiose moments, likes to think himself a legal historian. And in these “fantastic” moments he will (a) write in the third person and (b) indulge…
eDiscovery Bytes
#CaseoftheWeek Episode 74: Whether FRE 502(d) Applies to the Marital Communications Privilege
The latest decision in the DR Distributors case saga is on deck for episode 74 of Case of the Week. In this episode, Kelly Twigger discusses the latest decision from…
Presnell on Privileges
Honey, I Shrunk the Profits! Court Adopts “Business Communications” Exception to the Marital Communications Privilege
We know that federal common law recognizes an evidentiary privilege protecting from discovery confidential communications between spouses. The privilege’s purpose, of course, is to promote and foster marital harmony. But…
Family Law Prof Blog
The Timing of Wedding and Spousal Privilege
By Family Law
From Maryland Daily Record:The House Judiciary Committee considered the issue involving spousal privilege applicability when the wedding occurred after the alleged crime was committed.It is well-established that spousal privilege against…
Talkov Law Blog
How Spousal Privileges May Impact You in California Courts
By James Chao
Can you refuse to testify against your spouse in California? This is California law we are talking about, so, of course, the answer is “it depends.” Under certain circumstances, a…
EvidenceProf Blog
Supreme Court of New Mexico (Temporarily?) Restores the Spousal Communications Privilege
By Colin Miller
In pertinent part, New Mexico's spousal communications privilege states thatA person has a privilege to refuse to disclose , or to prevent another from disclosing, a confidential communication by the…