CALIFORNIA FAMILY LAW
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Marital Status
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Selected Evid. Issues: Marital Priv.
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Not to Testify or be Called
............Exceptions & Limitations
6 Cards On This Topic:
Limitations upon marital privilege.
No marital privilege permitted in civil proceedings brought to benefit other spouse, or self and spouse.
D's appealing to his wife to exercise her marital privilege not to testify against him, without more, was insufficient to establish "corrupt" as opposed to innocent persuasion and witness tampering charge reversed.
EC 972 (e)(2) exception to spousal testimony privilege applies when crime against 3d person and crime against spouse are part of continuous course of criminal conduct, bearing logical relationship to each other.
Marital communications privilege does not apply in Cal. trial where criteria for valid Tex. common law marriage not met.
Privilege only extends to a valid marriage.