Also known as: interspousal immunity · interspousal tort immunity · spousal immunity doctrine · spousal immunity
Written by attorneys · grounded in primary & secondary sources — see below
A rule of evidence that prevents one spouse from being compelled to testify against the other in a criminal proceeding. The privilege applies only while a valid marriage exists and may reach events that occurred before the marriage. In federal court the witness spouse alone holds the privilege and may choose to testify or refuse. In most state courts the defendant spouse holds the privilege and may block the witness spouse from testifying.
Dana married Leo after the alleged hacking but before his federal trial. Prosecutors subpoenaed Dana to describe Leo's pre-marriage boasts. Dana refused to testify. Because the case is in federal court, Dana alone decides whether to testify against Leo. Leo cannot force her to take the stand or prevent her from testifying if she later changes her mind.
Owen faced state trafficking charges. Prosecutors called his husband Liam to recount conversations during their still-valid marriage. Liam wanted to testify, but Owen objected. Under the majority state rule the defendant spouse holds the privilege, so Owen may block Liam from testifying even though Liam is willing.
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Prosecutors subpoenaed Alex to testify about events that occurred before Alex married the defendant Jordan. The underlying conduct predated the marriage by two years. Alex invoked the privilege. Because a valid marriage existed at the time of trial, the privilege applied and Alex could not be compelled to testify even though the events predated the marriage.
The witness spouse alone holds the privilege. That spouse may refuse to testify against the defendant spouse but may also choose to testify even if the defendant objects.
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Yes. The privilege may be invoked as long as a valid marriage exists at the time testimony is sought, regardless of when the underlying events took place.
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In federal court the witness spouse controls the privilege. 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.
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Spousal immunity bars compelled testimony against a spouse in a criminal case. A separate marital-communications privilege protects only confidential statements made during the marriage.
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…that the plaintiff lacked capacity to bring a personal injury action against her husband, the defendants relied upon Texas interspousal immunity laws. However, such laws do not exist in Oklahoma. In point of fact, this Court has on numerous occasions held that a party may maintain a tort action against his or her…