Iowa Code

Iowa Code § 622.9 (2026)

Communications between husband and wife

✓ current as of July 2026
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Neither husband nor wife can be examined in any case as to any communication made by the one to the other while married, nor shall they, after the marriage relation ceases, be permitted to reveal in testimony any such communication made while the marriage subsisted. [C51, §2392; R60, §3984; C73, §3642; C97, §4607; C24, 27, 31, 35, 39, §11262; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §622.9] Referred to in §232.74 Husband or wife may be witness in certain criminal cases, see §726.4

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Notes of Decisions
Cited in 29 cases (4 in the last 5 years), 1967–2025 · leading case: State v. McPhillips, 580 N.W.2d 748 (Iowa 1998).
State v. McPhillips, 580 N.W.2d 748 (Iowa 1998). · cites it 20× “Iowa Code § 622.9 . For purposes of our discussion, we assume McPhillips’ wife was “examined” concerning marital “communications” as those terms are used in the statute.”
State v. Hastings, 466 N.W.2d 697 (Iowa Ct. App. 1990). · cites it 8× “Iowa Code § 622.9 ; State v. Levy, 160 N.”
State v. Klindt, 389 N.W.2d 670 (Iowa 1986). · cites it 12× “Iowa Code § 622.9 (1983). The State argues that the marital privilege does not apply in a trial for a crime committed by one spouse against the other.”
State v. Johnson, 318 N.W.2d 417 (Iowa 1982). · cites it 6× “Johnson testified against defendant and related conversations they had during the marriage. Defendant contends the district court erred in refusing to suppress this testimony.”
In the Interest of A.M., Minor Child. Heather Thomas, Subpoenaed Witness, 856 N.W.2d 365 (Iowa 2014). · cites it 3× “74 as an “exception” to the marital privilege codified in section 622.9). 6 Viewed in isolation, section 232.”
State of Iowa v. Christopher Craig Thompson, 837 N.W.2d 180 (Iowa 2013). · cites it 2× “Could the crime victim’s spouse be subpoenaed to testify under oath about what the victim told 31 him or her? See Iowa Code § 622.9 (recognizing the marital privilege in Iowa).”
State of Iowa v. Jonas Dorian Neiderbach, 836 N.W.2d 470 (Iowa 2013). · cites it 2× “Could the crime victim’s spouse be subpoenaed to testify under oath about what the victim told him or her? See Iowa Code § 622.9 (recognizing the marital privilege in Iowa).”
State v. Anderson, 636 N.W.2d 26 (Iowa 2001). · cites it 3× “Iowa Code section 622.9 provides: Neither husband nor wife can be examined in any case as to any communication made by the one to the other while married, nor shall they, after the marriage relation ceases, be permitted to reveal in testimony any such communication made while…”
Dennis L. Cawthorn v. Catholic Health Initiatives Iowa Corp. D/B/A Mercy Hosp. Med. Ctr., a Corp., 806 N.W.2d 282 (Iowa 2011). · cites it 4× “1(4) (defining “peer review” to mean “evaluation of professional services rendered by a person licensed to practice a profession”). 6 We decline to do so.”
State of Iowa v. Spaulding, 313 N.W.2d 878 (Iowa 1981). · cites it 4× “7, The Code 1979, provides in part: "Neither the husband nor wife shall in any case be a witness against the other except: 1.”
State v. Gilroy, 313 N.W.2d 513 (Iowa 1981). · cites it 5× “7, The Code, or a parent-child communication privilege by analogy to section 622.9, or both. Defendant’s brief is similarly unclear although it tends to focus on a privilege for communications.”
State v. Cole, 295 N.W.2d 29 (Iowa 1980). · cites it 4× “Prior to trial, and over the defendant's objection, the trial court granted the State's request that she be ordered to inform the State whether her husband would testify at trial or exercise the inter-spousal communication privilege of section 622.9, The Code. She responded that…”
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