CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Privileges
......Marital Privileges
.........Not to Testify or be Called
............Exceptions & Limitations
 11 Cards On This Topic:
  • Limitations upon marital privilege.
  • No marital privilege permitted in civil proceedings brought to benefit other spouse, or self and spouse.
  • Trial ct. did not err when it refused to inform D's wife of privilege of one spouse not to be forced to testify against the other; wife held privilege and D did not have standing to raise issue.
  • 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 privilege only applies in case of valid marriage, not where D entered into 2d marriage before 1st marriage legally.
  • Although P's position on exception to marital privilege rejected on merits, conflicting legal authority on the unsettled issue provided substantial justification for her opposition and sanctions were wrongly imposed.
  • Spouse may not testify to marital communications without consent of other spouse, even if parties later divorced.
  • Privilege only extends to a valid marriage.
  • Testimony of wife of D charged with murdering Vs in whose home he lived/worked proper under "cohabitant" exception to privilege not to testify against spouse.
  • Foster parents entering formal agreement to provide home for child establish relationship sufficient to invoke exception to marital testimonial privilege for crimes against child of either.
  • Wife required to answer questions in suit involving husband, where questions unrelated to his liability.


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