Gilmer & Giglio
GilmerGiglio-LogoMark.png

Blog

FAQ - Spousal Privileges

The Louisiana Code of Evidence has two privileges that apply to spouses. Article 504 is the Spousal Confidential Communication Privilege and Article 505 is the Spousal Witness Privilege.

The Spousal Confidential Communication privilege covers statements made to one’s spouse in private and not intended for further disclosure. This means that any statement made to your spouse when only the two of you are present and with the intention that your spouse will not tell another person, is subject to this privilege and either spouse may refuse to testify regarding that statement and prohibit the other spouse from testifying regarding that statement. This privilege only applies to communications made during the marriage.

As always, there are exceptions to this rule. In criminal cases, if one spouse is accused of a crime against the person or property of the other spouse, or against a child of either (note that the statute does not limit this privilege to minor children). This privilege also does not apply in civil cases:

  • brought by one spouse against the other;

  • in commitment or interdiction proceedings; or

  • when the communication is presented to “protect or vindicate” the rights of a minor child of either spouse.

The Spousal Witness Privilege gives either spouse the privilege not to testify against the other spouse or to prohibit their spouse from testifying against them. This privilege, unlike the confidential communication privilege, terminates when the marriage ends. This means that a former spouse may no longer prohibit their former spouse from testifying against them. Further, a spouse accused of a Crim against the other spouse or “a child” may not prohibit other spouse from testifying against him (Note that this statute is even more broad than Article 504 in that it grants an exception for a spouse accused of a crime against “a child” without being limited to a child of either spouse).

Next week: Lawyer-Client Privilege.

If you have questions about whether a privilege applies to your case, give us a call at (318) 459-9111 for a consult.

evidenceKatherine GilmerGilmer & Giglio, LLCcriminal defense, criminal law, bossier criminal defense, shreveport criminal defense, rules of evidence