Tennessee § 24-1-201 - Married persons.

§ 24-1-201. Married persons.

In either a civil or criminal proceeding, no married person has privilege to refuse to take the witness stand solely because that person's spouse is a party to the proceeding. In a civil proceeding, confidential communications between married persons are privileged and inadmissible if either spouse objects. This communications privilege shall not apply to proceedings between spouses or to proceedings concerning abuse of one (1) of the spouses or abuse of a minor in the custody of or under the dominion and control of either spouse, including, but not limited to, proceedings arising under title 36, chapter 1, part 1; title 37, chapter 1, parts 1, 4 and 6; title 37, chapter 2, part 4; and title 71, chapter 6, part 1. This confidential communications privilege shall not apply to any insured's obligations under a contract of insurance in civil proceedings. In a criminal proceeding a marital confidential communication shall be privileged if: The communications originated in a confidence that they will not be disclosed; The element of confidentiality is essential to the full and satisfactory maintenance of the relation between the parties; The relation must be one which, in the opinion of the community, ought to be sedulously fostered; and The injury to the relation by disclosure of the communications outweighs the benefit gained for the correct disposal of litigation. Upon a finding that a marital communication is privileged, it shall be inadmissible if either spouse objects. Such communication privileges shall not apply to proceedings concerning abuse of one (1) of the spouses or abuse of a minor in the custody of or under the dominion and control of either spouse, including, but not limited to proceedings arising under title 37, chapter 1, parts 1 and 4; title 37, chapter 2, part 4; and title 71, chapter 6, part 1. Acts 1867-1868, ch. 75, § 1; 1868-1869, ch. 7, § 1; 1869-1870, ch. 19, § 2; 1869-1870, ch. 78; 1879, ch. 200, § 1; Shan., § 5596; Code 1932, § 9777; Acts 1949, ch. 55, § 1; C. Supp. 1950, § 9777; T.C.A. (orig. ed.), § 24-103; Acts 1995, ch. 53, § 1; 2000, ch. 831, §§ 1, 2. Cross-References. Attorney, as to communications, § 23-3-105 . Confidentiality of public records, § 10-7-504 . Conviction of felony, effect, § 40-20-112 . Evidentiary privileges inapplicable in child sexual abuse cases, § 37-1-614 . Information obtained by certified public accountants in course of employment, § 62-1-116 . Witnesses entering or passing through state pursuant to summons, immunity, § 40-17-209 . Rule Reference. This title is referred to in Rule 7, § 12.13, of the Rules of the Supreme Court of Tennessee. This section is referred to in the Advisory Commission Comments under Rule 501 of the Tennessee Rules of Evidence. Textbooks. Pritchard on Wills and Administration of Estates (4th ed., Phillips and Robinson), § 703. Tennessee Jurisprudence, 1 Tenn. Juris., Agency, §§ 4, 66; 9 Tenn. Juris., Discovery § 12; 11 Tenn. Juris., Evidence, §§ 164, 199; 21 Tenn. Juris., Privileged Communications, §§ 5, 6; 24 Tenn. Juris., Trusts and Trustees, § 21; 24 Tenn. Juris., Usury, § 26; 24 Tenn. Juris., Vendor and Purchaser, § 9; 25 Tenn. Juris., Witnesses, §§ 11, 13, 19, 21. Law Reviews. A Meta-Analysis of the Tennessee Rules of Evidence (Neil P. Cohen), 57 Tenn. L. Rev. 1 (1989). Admissibility in Tennessee of Spouses' Testimony Concerning Their Private Affairs, 3 Vand. L. Rev. 298. Autopsy on Spousal Privilege (Donald F. Paine), 40 No. 6 Tenn. B.J. 32 (2004). Character Evidence as Affecting the Credibility of Witnesses (J.A. Osoinach), 2 Tenn. L. Rev. 165. Distinctive Features of the Tennessee Law of Trusts (Thomas H. Malone), 16 Tenn. L. Rev. 33. Domestic Relations — Interspousal Tort Actions for Personal Injuries — Conflict of Laws, 23 Tenn. L. Rev. 1056. Evidence — Confidential Communications Between Spouses — Admissibility of Testimony as to Conduct of Party Spouse, 3 Vand. L. Rev. 656. Evidence — Privileged Communications Between Husband and Wife, 41 Tenn. L. Rev. 943. Evidence — Privileged Communications in Divorce Actions: Psychiatrist-Patient and Presence of Third Parties, 40 Tenn. L. Rev. 110. Evidence — State v. Hurley: Erosion of the Marital Privilege for Confidential Communications in Tennessee, 25 U. Mem. L. Rev. 835 (1995). Evidence — Testimony of Spouses — Inadmissible in Divorce Action For Cruelty, 2 Vand. L. Rev. 130. Hell Hath No Fury Like a Spouse Scorned — A Focus on Tennessee's Marital Privilege for Confidential Communications, 19 Mem. St. U.L. Rev. 57 (1989). Husband and Wife — Confidential Communications in Divorce Actions, 20 Tenn. L. Rev. 695. Paine on Procedure: Death of the Spousal Privilege (Donald F. Paine), 37 No. 1 Tenn. B.J. 29 (2001). Should Tennessee Bury the Dead Man Statute As Arkansas Has? (W. Dent Gitchel), 18 Mem. St. U.L. Rev. 195 (1989). Statutory Construction — Restriction of Application of Statute to Contemporary Circumstances — Parties as “Witnesses” under Tennessee Deposition Statute, 3 Vand. L. Rev. 666. The Marital Privilege in the Twenty-First Century, 32 U. Mem. L. Rev. 137 (2001).