CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Privileges
......Marital Privileges
.........Not to Testify or be Called
............Waiver
4 Cards On This Topic:

No marital privilege applies when spouse testifies in proceeding where other spouse party; also no privilege applies when one spouse testifies against the other.

Under plain language of EC 973, a spouse's testimony before a grand jury does not waive his or her subsequent assertion of the spousal testimonial privilege at a criminal trial.

Court correctly found under Evid. Code §973 that W, having testified against husband at prelim, was not privileged to refuse to testify against him at trial.

Neither court nor any party has duty to sua sponte advise W of testimonial privileges under Evid. Code §970 & Evid. Code §971 or of their potential loss under Evid. Code §973.