Montana § 26-1-802 - Spousal Privilege
Full text of Montana Montana Code Annotated § 26-1-802 — Spousal Privilege, with citation guidance and answers to common questions.
§ 26-1-802. Spousal Privilege
Spousal privilege. (1) A spouse may not, without the consent of the other spouse, testify during or after the marriage concerning any communication made by one to the other during their marriage. (2) A judicial, legislative, administrative, or other governmental body may not request or require the disclosure of an electronic communication made by one spouse to the other during their marriage from a spouse or an electronic communication service used by the spouse. (3) A spouse or an electronic communication service used by the spouse may not be adjudged in contempt by a judicial, legislative, administrative, or other body having the power to issue subpoenas for refusing to disclose or produce electronic communications made by one spouse to the other during their marriage. (4) The privilege under subsections (1) through (3): (a) is restricted to communications made during the existence of the marriage relationship and does not extend to communications made prior to the marriage or to communications made after the marriage is dissolved; and (b) does not apply to a civil action or proceeding by one spouse against the other or to a criminal action or proceeding for a crime committed by one spouse against the other or against a child of either spouse. (5) For the purposes of this section, "electronic communication" and "electronic communication service" have the meanings provided in 46-5-601 . The terms do not include communications transmitted by the state telecommunications network provided for in 2-17-506 .
Frequently Asked Questions About Montana § 26-1-802
What does Montana Code Annotated § 26-1-802 cover?
Section 26-1-802 ("Spousal Privilege") is part of the Montana Code Annotated, the codified statutory law of Montana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Montana § 26-1-802?
A common citation format is "Montana Code Annotated § 26-1-802" (Montana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Montana law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Montana official source linked on this page or consult a licensed Montana attorney.
How does Montana § 26-1-802 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Montana can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Montana.