Ariz. Rev. Stat. » Title 12
Arizona Revised Statutes

Ariz. Rev. Stat. § 12-2231 (2026)

Husband and wife; antimarital fact

✓ current as of May 2026
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In a civil action a husband shall not be examined for or against his wife without her consent, nor a wife for or against her husband without his consent, except as provided in section 12-2232.

 

Notes of Decisions
Cited in 8 cases, 1970–2008 · leading case: Trammel v. United States, 445 U.S. 40 (1980).
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Trammel v. United States, 445 U.S. 40 (1980). · cites it 2× “The remaining 17 States have abolished the privilege in criminal cases: see Ariz. Rev. Stat. Ann. § 12-2231 (Supp. 1978); Ark.”
In re MH 2007-000937, 189 P.3d 1090 (Ariz. Ct. App. 2008). · cites it 20× “§ 12-2231, which provides as follows: “In a civil action a husband shall not be examined for or against his wife without her consent, nor a wife for or against her husband without his consent, except as provided in paragraphs 1 through 4 of § 12-2232.”
Blazek v. Superior Court, 869 P.2d 509 (Ariz. Ct. App. 1994). · cites it 2× “”) §§ 12-2231 to -2232 (1982) 4 ; AR.S. § 13-4062.”
Ulibarri v. Superior Ct. Cty. of Coconino, 909 P.2d 449 (Ariz. Ct. App. 1995). · cites it 2× “section 12-2231, the anti-marital fact statute, provides: "In a civil action a husband shall not be examined for or against his wife without her consent, nor a wife for or against her husband without his consent.”
Murphy v. Super. Ct. in & for Maricopa Cnty., 689 P.2d 532 (Ariz. 1984). · cites it 2× “Title 12, article 4 (A.R.S. §§ 12-2231 through 12-2237) [husband-wife, clergyman-penitent, doctor-patient, and reporter-informant privileges].”
State v. Freeman, 276 S.E.2d 450 (N.C. 1981). “Ariz. Rev. Stat. Ann. §§ 12-2231 ,12-2232 (1956 & Supp.”
Church of Jesus Christ of Latter-Day Saints v. Superior Court, 764 P.2d 759 (Ariz. Ct. App. 1988). “…privileges codified in title 12, chapter 13, art. 4 of the Arizona Revised Statutes. The others are husband and wife (§§ 12-2231, 2232), attorney and client (§ 12-2234), physician and patient (§ 12-2235), and reporter and informant (§ 12-2237). 3 Each of these statutory…”
Fish v. Indus. Comm'n, 472 P.2d 97 (Ariz. Ct. App. 1970). · cites it 2× “” A.R.S. § 12-2231 is the first of a series of code sections under the heading “Privileged Communications”.”
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