Also known as: interspousal immunity · interspousal immunity rule · interspousal immunities · spousal immunity · interspousal tort immunity
Written by attorneys · grounded in primary & secondary sources — see below
An evidentiary privilege in criminal proceedings that prevents one spouse from being compelled to give adverse testimony against the other. The privilege applies only while a valid marriage exists and extends to events occurring before the marriage. In federal court the witness spouse alone holds the privilege and may choose to testify or refuse, while in most state courts the defendant spouse holds the privilege and may block the witness spouse from testifying.
Israel Irving stands trial in federal court for embezzlement. Prosecutors subpoena his wife Iris to describe conversations about the scheme. Iris wishes to testify despite Irving's objection. Because the privilege belongs solely to the witness spouse in federal court, Iris may take the stand and Irving cannot prevent her testimony.
Imran Iyer faces state arson charges. Prosecutors call his wife Ilana to recount pre-marriage threats he made during arguments. Ilana wants to testify, but Iyer objects. Under the majority state rule the defendant spouse holds the privilege, so Iyer may block Ilana from testifying even though she is willing.
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Isaiah Ishikawa, a Wisconsin resident, stands trial in Wisconsin court for a crime committed before his marriage. Prosecutors seek testimony from his wife about pre-marriage events. California law differs on the scope of spousal privilege. The court must decide which state's interspousal-immunity rule governs whether she may be compelled to testify.
Ian Iverson's wife is subpoenaed to testify against him in an Oklahoma criminal proceeding. The prosecution does not disclose the marriage. Defense counsel argues the interspousal-immunity rule bars her testimony under the law of the spouses' domicile. The court treats the immunity claim as an affirmative defense that must be raised before trial.
The witness spouse alone holds the privilege. That spouse may refuse to testify but may also choose to testify even if the defendant spouse objects.
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Yes. The privilege may be invoked as long as a valid marriage exists at the time of trial, regardless of when the underlying events took place.
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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.
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No. Prior voluntary statements to law enforcement do not waive the right to refuse compelled testimony at trial. The witness spouse retains control at the time testimony is sought in court.
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…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…