Rule 504 - [Effective 1/1/2025] Spousal Privilege(a) Definition. A statement, letter, conversation, or other communication is "confidential" if it is made privately by any person and is not intended for disclosure to any other person. (b) General rule of privilege. Any person has a privilege to refuse to disclose and to prevent the person's spouse or any other person from disclosing any confidential statement, conversation, letter, or other confidential communication between such person and the person's spouse occurring while they were lawfully married, and to refuse to testify and prevent spouse from testifying in any case as to any matter which in the opinion of the court would lead to a violation of marital confidence. This privilege exists whether or not the person and spouse are still lawfully married at the time at which the spouse's testimony is to be given. (c) Who may claim the privilege. The privilege may be claimed by the person who made the communication or by the spouse in the person's 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, or alleged to have committed a tort, 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 in the course of committing a crime against any of them. There is also no privilege under this rule in any other civil proceeding in which the spouses are adverse parties; or, in the discretion of the court, in any other proceeding where the interests of a child of either are involved. Amended Aug. 12, 2024, effective 1/1/2025. Reporter's Notes-2025 Amendment
Rule 504 is amended to remove gendered pronouns and to replace "husband-wife" in the title with "spousal."