Privilege Not To Testify Against Spouse - Particular Privileges - Evidence - CA

Section § 970

This law states that, unless a different law says otherwise, a married person can choose not to testify against their spouse in any legal case.

Except as otherwise provided by statute, a married person has a privilege not to testify against his spouse in any proceeding.

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Section § 971

This law says that if you're married and your spouse is involved in a legal case, you generally can't be forced to testify against them by the other side. This rule applies unless your spouse gives clear permission. However, it doesn't apply if the other side accidentally calls you as a witness because they didn't know you were married to the person involved in the case.

Except as otherwise provided by statute, a married person whose spouse is a party to a proceeding has a privilege not to be called as a witness by an adverse party to that proceeding without the prior express consent of the spouse having the privilege under this section unless the party calling the spouse does so in good faith without knowledge of the marital relationship.

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Section § 972

This law outlines situations where a married person can't use spousal privilege to avoid testifying or providing evidence. These include cases where one spouse sues the other, commitments due to mental or physical conditions, establishing a spouse's competence, juvenile court matters, and criminal proceedings involving crimes against the other spouse or their relatives, bigamy, and specific child-related crimes. It also applies if the crime happened before the marriage and the person knew about the spouse's legal issues before marrying. Additionally, it covers proceedings involving former spouses or for establishing or enforcing child support, where financial information must be disclosed despite the privilege.

A married person does not have a privilege under this article in:

(a) A proceeding brought by or on behalf of one spouse against the other spouse.

(b) A proceeding to commit or otherwise place his or her spouse or his or her spouse’s property, or both, under the control of another because of the spouse’s alleged mental or physical condition.

(d) A proceeding under the Juvenile Court Law, Chapter 2 (commencing with Section 200) of Part 1 of Division 2 of the Welfare and Institutions Code.

(e) A criminal proceeding in which one spouse is charged with:

(1) A crime against the person or property of the other spouse or of a child, parent, relative, or cohabitant of either, whether committed before or during marriage.

(2) A crime against the person or property of a third person committed in the course of committing a crime against the person or property of the other spouse, whether committed before or during marriage.

(3) Bigamy.

(4) A crime defined by Section 270 or 270a of the Penal Code.

(f) A proceeding resulting from a criminal act which occurred prior to legal marriage of the spouses to each other regarding knowledge acquired prior to that marriage if prior to the legal marriage the witness spouse was aware that his or her spouse had been arrested for or had been formally charged with the crime or crimes about which the spouse is called to testify.

(g) A proceeding brought against the spouse by a former spouse so long as the property and debts of the marriage have not been adjudicated, or in order to establish, modify, or enforce a child, family or spousal support obligation arising from the marriage to the former spouse; in a proceeding brought against a spouse by the other parent in order to establish, modify, or enforce a child support obligation for a child of a nonmarital relationship of the spouse; or in a proceeding brought against a spouse by the guardian of a child of that spouse in order to establish, modify, or enforce a child support obligation of the spouse. The married person does not have a privilege under this subdivision to refuse to provide information relating to the issues of income, expenses, assets, debts, and employment of either spouse, but may assert the privilege as otherwise provided in this article if other information is requested by the former spouse, guardian, or other parent of the child.

Any person demanding the otherwise privileged information made available by this subdivision, who also has an obligation to support the child for whom an order to estabish, modify, or enforce child support is sought, waives his or her marital privilege to the same extent as the spouse as provided in this subdivision.

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Section § 973

This law clarifies that in a legal case where a married person is involved, they don't have a special privilege to avoid testifying about their spouse if they are testifying against them. This means that a married person can't refuse to testify in such cases just because of their marriage. Also, in civil cases where a married person is suing or being sued for their own or their spouse's immediate benefit, there's no privilege to avoid testifying.

(a) Unless erroneously compelled to do so, a married person who testifies in a proceeding to which his spouse is a party, or who testifies against his spouse in any proceeding, does not have a privilege under this article in the proceeding in which such testimony is given.

(b) There is no privilege under this article in a civil proceeding brought or defended by a married person for the immediate benefit of his spouse or of himself and his spouse.

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