CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Privileges
......Marital Privileges
.........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.