Legal Question in Criminal Law in Missouri

testify against spouse

In the state of MO. can a person who is under subpoena be compelled to testify against a spouse?

Asked on 11/12/03, 2:51 pm

1 Answer from Attorneys

Anthony Smith LawSmith

Re: testify against spouse

Generally no. However, the right to raise this issue belongs to the spouse against whom the testimony would be. For instance, the defendant spouse could object to some of teh testimony based upon sousal priveledge. The Person supeona'd could not refuse to testify, because the subject of the testimony is about their spouse. The restrictions change based upon the type of testimony. Generally what is protected is private communications between spouses, not observation. You will need an attorney to look at your particular case, to tell you more specifically whether there is any right to prevent testimony in your case. without any facts, I can't tell you whether you or your spouse are protected.

Good Luck,

Tony Smith

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Answered on 11/12/03, 11:19 pm


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