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HomeEvidence CodeDiv. 8Ch. 4Art. 4§ 970 Spousal Testimony Privilege

§ 970 Spousal Testimony Privilege

Evidence Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 970 Spousal Testimony Privilege

Key Takeaways

  • •If you're married, you don't have to talk in court against your spouse.
  • •This rule only works if you're still married when you're asked to talk in court.
  • •The law might have some exceptions, but usually, you can choose not to say anything bad about your spouse in court.

Example

A husband is on trial for stealing a car.

The wife can refuse to answer questions in court that might make her husband look guilty. She doesn't have to say anything if she doesn't want to.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 970 Spousal Testimony Privilege

Except as otherwise provided by statute, a married person has a privilege not to testify against his spouse in any proceeding. (Enacted by Stats. 1965, Ch. 299.)

Last verified: January 22, 2026

Key Terms

married personprivilegetestify against his spouse

Related Statutes

  • § 971 Spousal Witness Privilege
  • § 973 Spousal Testimony Privilege Exceptions
  • § 1000 Patient Communication Privilege Limits
  • § 1001 Physician-Patient Duty Breach
  • § 1002 Patient Intent Property Documents

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Evidence Code. Section 970.
View Official Source