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Rule 505. Husband-Wife Privileges.
(a) Spousal Immunity.
(1) General Rule. A husband shall not be examined for or against his wife, without his consent, nor a wife for or against her husband, without her consent.
(2) Exceptions. There is no privilege under this subdivision:
(A) In a civil proceeding brought by or on behalf of one spouse against the other spouse; or
(B) In a proceeding to commit or otherwise place his spouse, the property of his spouse or both the spouse and the property of the spouse under the control of another because of the alleged mental or physical condition of the spouse; or
(C) In a proceeding brought by or on behalf of a spouse to establish his competence; or
(D) In a proceeding in which one spouse is charged with:
(i) A crime against the person or the property of the other spouse or of a child of either, whether such crime was committed before or during marriage.
(ii) Bigamy, incest, adultery, pimping, or prostitution.
(iii) A crime related to abandonment of a child or nonsupport of a spouse or child.
(iv) A crime prior to the marriage.
(v) A crime involving domestic violence as defined in AS 18.66.990.
(E) In a proceeding involving custody of a child.
(F) Evidence derived from or related to a business relationship involving the spouses.
(b) Confidential Marital Communications.
(1) General Rule. Neither during the marriage nor afterwards shall either spouse be examined as to any confidential communications made by one spouse to the other during the marriage, without the consent of the other spouse.
(2) Exceptions. There is no privilege under this subdivision:
(A) If any of the exceptions under subdivision (a) (2) of this rule apply; or
(B) If the communication was made, in whole or in part, to enable or aid anyone to commit or plan to commit a crime or a fraud; or
(C) In a proceeding between a surviving spouse and a person who claims through the deceased spouse, regardless of whether such claim is by testate or intestate succession or by inter vivos transaction; or
(D) In a criminal proceeding in which the communication is offered in evidence by a defendant who is one of the spouses between whom the communication was made; or
(E) In a proceeding under the Rules of Children's Procedure; or
(F) If the communication was primarily related to and made in the context of a business relationship involving both spouses or the spouses and third parties.
(Added by SCO 364 effective August 1, 1979; amended by SCO 823 effective August 1, 1987; and by SCO 1269 effective July 15, 1997)
Note to SCO 1269: Evidence Rule 505(a) was amended by ยง 70 ch. 64 SLA 1996. Section 13 of this order is adopted for the sole reason that the legislature has mandated the amendment.
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Copyright 1995-1999 by Touch N' Go Systems, Inc. All rights reserved. No copyright claim is made to the text of the rules.
Last Modified 7/14/1999
