40.255 Rule 505

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

40.255 Rule 505. Spousal privilege.

(1)As used in this section, unless the context requires otherwise:

(a)“Confidential communication” means a communication by a spouse to the other spouse and not intended to be disclosed to any other person.

(b)“Marriage” means a marital relationship between two individuals, legally recognized under the laws of this state.

(c)“Spouse” means an individual in a marriage with another individual.

(2)In any civil or criminal action, a spouse has a privilege to refuse to disclose and to prevent the other spouse from disclosing any confidential communication made by one spouse to the other during the marriage. The privilege created by this subsection may be claimed by either spouse. The authority of the spouse to claim the privilege and the claiming of the privilege is presumed in the absence of evidence to the contrary.

(3)In any criminal proceeding, neither spouse, during the marriage, shall be examined adversely against the other as to any other matter occurring during the marriage unless the spouse called as a witness consents to testify.

(4)There is no privilege under this section:

(a)In all criminal actions in which one spouse is charged with bigamy or with an offense or attempted offense against the person or property of the other spouse or of a child of either, or with an offense against the person or property of a third person committed in the course of committing or attempting to commit an offense against the other spouse;

(b)As to matters occurring prior to the marriage; or

(c)In any civil action where the spouses are adverse parties. [1981 c.892 §34; 1983 c.433 §1; 2016 c.46 §1]