§ RULE 11-505. HUSBAND-WIFE PRIVILEGES
RULE 11-505. HUSBAND-WIFE PRIVILEGES
A. Definition. As used in this rule, a communication is “confidential” if made privately and not intended for further disclosure.
B. General Rule of Privileges. A person has a privilege in any proceeding to refuse to disclose and to prevent another from disclosing a confidential communication by the person to that person's spouse while they were husband and wife.
C. Who May Claim the Privilege. The privilege under Paragraph B may be claimed by the spouse who made the confidential communication, by that spouse's guardian, conservator or, upon death, the personal representative. The spouse to whom the confidential communication was made may claim the privilege on behalf of the other. The authority to claim the privilege is presumed in the absence of evidence to the contrary.
D. Exceptions. There is no privilege under this rule:
(1) in proceedings in which one spouse is charged with a crime against the person or property of the other spouse or a child of either, or with a crime against the person or property of a third person committed in the course of committing a crime against the other spouse;
(2) as to matters occurring prior to the marriage; or
(3) in a civil action brought by or on behalf of one spouse or a child of either against the other spouse or a child of either.