CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Privileges
......Marital Privileges
.........Not to Testify or be Called
............Privilege Upheld
3 Cards On This Topic:
  • Admission of legal wife's testimony against D husband error; judges may not coerce witnesses into waiving privileges.
  • Statutory exceptions to the marital privilege do not include the spouses' separation prior to dissolution or for the marriage becoming nonviable.
  • Where spouses' interests incapable of segregation, they are incompetent to testify in action filed against other without consent.