Also known as: marital immunities · interspousal immunity · spousal immunity
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A privilege in criminal proceedings that prevents one spouse from being compelled to testify against the other. In federal court the privilege belongs to the witness spouse alone, who may refuse to testify or choose to testify even over the defendant spouse's objection. In most state courts the defendant spouse holds the privilege and may block the witness spouse from testifying.
A privilege in criminal proceedings that prevents one spouse from being compelled to testify against the other. In federal court the privilege belongs to the witness spouse alone, who may refuse to testify or choose to testify even over the defendant spouse's objection. In most state courts the defendant spouse holds the privilege and may block the witness spouse from testifying.
Select any source to read its text and confirm it supports the definition.
A substantive rule barring one spouse from maintaining a tort action against the other for personal injuries. The rule may be invoked as an affirmative defense and raises choice-of-law questions when spouses are domiciled in one state and the injury occurs in another.
Select any source to read its text and confirm it supports the definition.
A substantive rule barring one spouse from maintaining a tort action against the other for personal injuries. The rule may be invoked as an affirmative defense and raises choice-of-law questions when spouses are domiciled in one state and the injury occurs in another.
Each sense below has its own examples, sources, and questions.
Miles Montgomery faces federal embezzlement charges. Prosecutors subpoena his wife Madison Meyers to describe conversations about the scheme. Madison tells the court she prefers not to testify. Because the privilege belongs to her alone in federal court, the judge sustains her refusal even though Miles objects.
Marcus Mitchell stands trial in state court for insurance fraud. The prosecution calls his husband Michael Miller to recount statements made during the marriage. Michael wants to testify, but Marcus objects. Under the state rule that gives the privilege to the defendant spouse, the court bars Michael from testifying.
The witness spouse alone holds the privilege. That spouse may refuse to testify against the defendant spouse or may choose to testify even if the defendant objects. The defendant spouse has no power to block the testimony except as to confidential marital communications.
Supporting sources
Yes. The privilege may be invoked as long as a valid marriage exists at the time testimony is sought. It reaches testimony about matters that occurred before the marriage as well as during it.
Supporting sources
In federal court the witness spouse controls the privilege and may testify voluntarily. In most state courts the defendant spouse holds the privilege and may prevent the witness spouse from testifying even if the witness wishes to cooperate.
Supporting sources
No. The privilege is determined at the time testimony is compelled in court. Earlier out-of-court disclosures do not automatically waive the right to refuse compelled testimony at trial.
Supporting sources
Marilyn White sues her husband Robert and his business partners for injuries sustained at work. The defendants move to dismiss on the ground that Texas law prevents one spouse from suing the other in tort. The court treats the marital relationship as an affirmative defense that must be pleaded rather than decided on demurrer.
A Wisconsin couple is involved in a California car accident. The wife sues her husband in Wisconsin for negligence. California law would bar the suit under its marital immunity rule, while Wisconsin permits it. The court must decide whether the law of the place of injury or the law of the spouses' domicile governs the immunity question.
…the tort was committed, citing Goodrich, Conflict of Laws (1st ed.), p. 188, sec. 92. From this premise it was further held that interspousal immunity from tort liability necessarily is governed by the law of the place of injury. This principle of conflict of laws has been consistently applied in all subsequent interspousal actions in…