Also known as: testimonial privileges · testimonial immunity
Written by attorneys · grounded in primary & secondary sources — see below
A rule of evidence that permits a witness spouse to refuse to give adverse testimony against a defendant spouse in a criminal prosecution.
Theresa Tucker faces federal charges for embezzlement. Prosecutors subpoena her husband Theodore to describe deposits into their joint account. Theodore invokes the privilege and declines to take the stand. The court sustains the objection because the witness spouse alone decides whether to testify.
Talia Tran faces federal fraud charges. Prosecutors subpoena her husband to recount events he witnessed at a family business meeting. He refuses to testify. The court upholds the refusal because the witness spouse holds the privilege.
Tara Tran is indicted for insurance fraud. Her wife Tyler states she will testify about observed business records. Tara objects, claiming the privilege blocks all testimony. The court overrules the objection because the witness spouse controls the decision to testify.
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Thaddeus Tran, a former official, is investigated for misconduct. Prosecutors subpoena his spouse to describe office conversations. The spouse invokes the privilege. The court permits the spouse to refuse testimony on adverse matters.
Tundra Resources executive Theodore Tucker faces criminal charges. His wife agrees to testify about non-private observations at company events. Tucker moves to quash the subpoena. The court denies the motion because the witness spouse may choose to testify.
Tyler Taylor, a minor, is adjudicated in juvenile court. Prosecutors call his spouse to describe events leading to the charges. The spouse refuses under the privilege. The court sustains the refusal because the testimonial privilege applies even in proceedings that carry criminal consequences.
The witness spouse alone holds the privilege and may choose to testify or refuse. The defendant spouse cannot block voluntary testimony by the witness spouse.
Supporting sources
The testimonial privilege allows a spouse to refuse to testify at all against the other spouse. The communications privilege protects only the content of confidential statements made during the marriage and may be asserted by either spouse.
Supporting sources
No. The defendant spouse has no authority to block testimony on matters the witness spouse observed outside confidential marital communications when the witness spouse elects to testify.
Supporting sources
…reviewing all documentary evidence available from any source; "(5) determining whether to contest the assertion of any testimonial privilege; "(6) receiving appropriate national security clearances and, if necessary contesting in court . . . any claim of privilege or attempt to withhold evidence on grounds of national…