If communications between a married couple,which was intended to be confidential,and does not involve a crime upon one spouse by the other,the marital communications privilege does not apply,if the communication is in the presence of a third person and the married couple can anticipate that the third party can hear the communication.

Question

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The marital communications privilege only applies to communications that are intended to be confidential between spouses and do not involve a crime. If a third party is present and the married couple can anticipate that the third party can hear the communication, then the privilege does not apply.

If Communications Between a Married Couple,which Was Intended to Be