§ Rule504 Husband-Wife Privilege

Codes > Maine Revised Statutes > Rules of > Article V > Rule504 Husband-Wife

Rule504. 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. A married person has a privilege to prevent his or her spouse from testifying as to any confidential communication from such person to the spouse.

    (c) Who May Claim the Privilege. The privilege may be claimed by the person who made the communication or by the spouse in his or her behalf. The authority of the spouse to do so is presumed.

    (d) Exceptions. There is no privilege under this rule in a proceeding in which one spouse is charged with a crime against the person or property of (1) the other, (2) a child of either, (3) any person residing in the household of either, or (4) a third person committed in the course of committing a crime against any of them; or in a civil proceeding in which the spouses are adverse parties.