§ Rule 504. Husband-wife privilege.

Codes > Code of Alabama > Alabama Rules > Article V > Rule 504.

Rule 504. Husband-wife privilege.

(a) Definition of “confidential” communication. A communication is “confidential” if it is made during marriage privately by any person to that person's spouse and is not intended for disclosure to any other person.

(b) General rule of privilege. In any civil or criminal proceeding, a person has a privilege to refuse to testify, or to prevent any person from testifying, as to any confidential communication made by one spouse to the other during the marriage.

(c) Who may claim the privilege. The privilege may be claimed by either spouse, the lawyer for either spouse in that spouse's behalf, the guardian or conservator of either spouse, or the personal representative of a deceased spouse. The authority of those named to claim the privilege in the spouse's behalf is presumed in the absence of evidence to the contrary.

(d) Exceptions. There is no privilege under this rule:

(1) PARTIES TO A CIVIL ACTION. In any civil proceeding in which the spouses are adverse parties.

(2) FURTHERANCE OF CRIME. In any criminal proceeding in which the spouses are alleged to have acted jointly in the commission of the crime charged.

(3) CRIMINAL ACTION. In a criminal action or proceeding in which one spouse is charged with a crime against the person or property of (A) the other spouse, (B) a minor child of either, (C) a person residing in the household of either, or (D) a third person if the crime is committed in the course of committing a crime against any of the persons previously named in this sentence.