§ RULE 502 HUSBAND-WIFE

RULE 502. HUSBAND-WIFE

    (a) Criminal proceedings. In a criminal proceeding, a wife shall not be compelled to testify against her husband, nor a husband against his wife.

    (b) Communications.

        (1) Definition. A communication is confidential if it is made privately by any person to his or her spouse and is not intended for disclosure to any other person.

        (2) General rule of privilege. An individual has a privilege during the person's life to refuse to testify or to prevent his or her spouse or former spouse from testifying as to any confidential communication made by the individual to the spouse during their marriage and to prevent another from disclosing any such confidential communication.

        (3) Who may claim the privilege. The privilege may be claimed by the person who made the confidential communication, or by the person's guardian or conservator. The non-communicating spouse to whom the confidential communication was made is presumed to be authorized, during the life of the communicating spouse, to claim the privilege on behalf of the person who made the confidential communication.

        (4) Exceptions. No privilege exists under subparagraph (b) of this rule:

            (A) Spouses as adverse parties. In any civil proceeding in which the spouses are adverse parties;

            (B) Furtherance of crime or tort. As to any communication which was made, in whole or in part, to enable or aid anyone

                (i) to commit,

                (ii) to plan to commit, or

                (iii) to conceal a crime or a tort;

            (C) Spouse charged with crime or tort. In a proceeding in which one spouse is charged with a crime or a tort against the person or property of

                (i) the other,

                (ii) a child of either,

                (iii) a person residing in the household of either, or

                (iv) a third person if the crime or tort is committed in the course of committing a crime or tort against any of the persons previously named;

            (D) Interests of minor child. The court may refuse to allow invocation of the privilege in any other proceeding if the interests of a minor child of either spouse may be adversely affected.