CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
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Privileges
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Marital Privileges
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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.