Privileges

Question 1

List of Privileges

Answer 1

(1) Attorney/Client
(2) Physician/Patient
(3) Marital Communications
(4) Spousal Privileges

Question 2

Marital Communications

Answer 2

Applies to all marital confidential communications even after the marriage has ended, and is held by both spouses.

Question 3

Issues for Privileges

Answer 3

(1) To whom does the privilege apply; who can claim the privilege other than the holder
(2) Whether the communication is confidential or is intended to be confidential
(3) Who is included within the privilege; and
(4) Has the privilege been waived or terminated

Question 4

Spousal Privileges

Answer 4

(1) Privilege not to be called as a witness by a party adverse to your spouse (can be waived by going to the stand)
(2) Privilege not to testify against your spouse
(3) Waiver of one is not waiver of the second
(4) Only lasts during the marriage