9:02 PM
Spousal Immunity vs. Marital Privilege
9:02 PM SPOUSAL IMMUNITY The rule forbidding one spouse to testify for or against the other is based on principles which are deemed important to preserve the marriage relation as one of full confidence and affection, and this is regarded as more important to the public welfare than that the exigencies of the lawsuits should authorize domestic peace to be disregarded for the sake of ferreting out facts within the knowledge of strangers. Requisites in order for the spousal immunity to apply That the spouse for or against whom the testimony is offered is a party to the case; That...