CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
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Privileges
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Marital Privileges
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Confidential Marital Communications
............Privilege Upheld
4 Cards On This Topic:
Either spouse may assert privilege to prevent testimony re communications between spouses; district ct. erred in admitting wife's letter to husband and allowing govt to inquire at trial about their communications.
Counsel's knowing use of D's privileged documents, impermissibly downloaded by counsel's client from D's email, was proper ground for counsel's disqualification.
Marital privilege explained.
Absent waiver by both spouses, spouse may not testify to confidential communications; privilege continues after divorce; privilege not to testify or be called compared.