§ RULE 504. HUSBAND-WIFE PRIVILEGE

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RULE 504. HUSBAND-WIFE PRIVILEGE

(a) Definition. A communication is confidential if it is made privately by any person to his or her spouse and is not intended for disclosure to any other person.

(b) General Rule of Privilege. Any party or witness in any proceeding has a privilege to prevent his spouse from testifying as to any confidential communication between himself and his spouse.

(c) Who May Claim the Privilege. The privilege may be claimed by the party or witness or by the spouse on behalf of the party or witness. The authority of the spouse to do so is presumed.

(d) Exceptions. There is no privilege under this rule in a proceeding in which 1 spouse is charged with a wrong against the person or property of (1) the other, (2) a child of either, (3) a person residing in the household of either, or (4) a third person committed in the course of committing a crime against any of them. There is no privilege under this rule in any proceeding brought pursuant to Title 13 of the Delaware Code, or Chapter 9 of Title 10 of the Delaware Code or when the interest of the spouses is adverse.

(e) Testimony of Wife or Husband. A wife or husband may testify for or against each other in any court of this State.