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Pennsylvania Consolidated Statutes

42 Pa. Cons. Stat. § 5923 (2026)

 Confidential communications between spouses.

✓ current as of May 2026
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§ 5923.  Confidential communications between spouses.

Except as otherwise provided in this subchapter, in a civil matter neither husband nor wife shall be competent or permitted to testify to confidential communications made by one to the other, unless this privilege is waived upon the trial.

(Apr. 28, 1978, P.L.202, No.53, eff. 60 days)

 

Cross References.  Section 5923 is referred to in section 5931 of this title.

Notes of Decisions
Cited in 8 cases (1 in the last 5 years), 1982–2024 · leading case: B.K. v. Dep't of Pub. Welfare, 36 A.3d 649 (Pa. Commw. Ct. 2012).
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B.K. v. Dep't of Pub. Welfare, 36 A.3d 649 (Pa. Commw. Ct. 2012). · cites it 3× “to testify as to spousal confidential communications after she invoked the privilege of section 5923 of the Judicial Code, 42 Pa.C.S. § 5923; and (3) the ALJ erred in permitting Dr.”
Sprague v. Walter, 543 A.2d 1078 (Pa. 1988). “*435 Traditionally, the recognition of privileged information in this Commonwealth has been designed to permit uninhibited disclosure between parties sharing a unique relationship.”
In re Nomination Petition of Vidmer, 442 A.2d 1203 (Pa. Commw. Ct. 1982). “Vidmer testify because her testimony would be privileged as a confidential communication between spouses under Section 5923 of the Judicial Code, 42 Pa. C. S. §5923. Since the privilege was not asserted by Mrs.”
Sprague v. Walter, 516 A.2d 706 (Pa. 1986). “See 42 Pa.C.S. § 5923 (Spouses); 42 Pa. C.S. § 5928 (Attorney—Client); 42 Pa.”
Pittsburgh Action Against Rape v. Dep't of Pub. Welfare, 120 A.3d 1078 (Pa. Commw. Ct. 2015). “2012) (holding that spousal confidential communication privilege of section 5923 of the Judicial Code, 42 Pa. C.S. § 5923, could not be invoked in light of section 6381(c) of the CPSL), this Court disagreed.”
T.D. v. Dep't of Pub. Welfare, 54 A.3d 437 (Pa. Commw. Ct. 2012). “objected to her husband’s testimony based on the spousal “confidential communications” privilege of Section 5923 of the Judicial Code, 42 Pa.C.S. § 5923. The ALJ overruled the objection based on the exception to spousal “incompetence” contained in Section 5924(a)(3) of the…”
Emmi v. DeAngelo, 261 F. Supp. 3d 556 (E.D. Pa. 2017). “See 42 Pa. Cons. Stat. § 5924 (“In a civil matter neither husband nor wife shall be competent or permitted to testify against each other.”
Smith, M. v. O'Brien, T., 2024 Pa. Super. 170 (Pa. Super. Ct. 2024). · cites it 2× “(“Husband”), appeals from the interlocutory order entered by the Montgomery County Court of Common Pleas on January 31, 2022, in which the court granted Appellee Mary Kathleen Smith’s (“Appellee’s”) motion to compel Wife’s deposition testimony regarding conversations with her…”
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