Legal Question in Constitutional Law in California

In California is there a law or penal code that states you don't have to testify against your spouse?


Asked on 7/06/12, 11:23 pm

2 Answers from Attorneys

Timothy McCormick Libris Solutions - Dispute Resolution Services

Yes. It is in the Evidence Code.

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Answered on 7/06/12, 11:25 pm


Robert F. Cohen Law Office of Robert F. Cohen

Evidence Code section 971 states:

"Except as otherwise provided by statute, a married person whose spouse is a party to a proceeding has a privilege not to be called as a witness by an adverse party to that proceeding without the prior express consent of the spouse having the privilege under this section unless the party calling the spouse does so in good faith without knowledge of the marital relationship."

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Answered on 7/07/12, 3:02 am

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