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HomeEvidence CodeDiv. 8Ch. 4Art. 4§ 971 Spousal Witness Privilege

§ 971 Spousal Witness Privilege

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

§ 971 Spousal Witness Privilege

Key Takeaways

  • •If you're married, you can refuse to testify against your spouse in court.
  • •The other side can't force you to talk unless they didn't know you were married.
  • •You have to say 'yes' first if you want to testify against your spouse.

Example

Your spouse is in court for a car crash they caused, and the other driver's lawyer wants you to say your spouse was speeding.

You can say 'no' to testifying because you're married. The lawyer can't make you talk unless they had no idea you were married.

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

Official Source
View on CA.gov

§ 971 Spousal Witness Privilege

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. (Enacted by Stats. 1965, Ch. 299.)

Last verified: January 22, 2026

Key Terms

married personprivilegeadverse partygood faithmarital relationship

Related Statutes

  • § 970 Spousal Testimony 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 971.
View Official Source