In the trial of every civil cause, the husband or wife of either party shall be deemed
a competent witness; provided, that neither shall be permitted to give any testimony
tending to criminate the other or to disclose any communication made to him or her,
by the other, during their marriage, except on trials of petitions for divorce between
them, trials between them involving their respective property rights, and under the
provisions of § 11-34.1-9.
Notes of Decisions
Sergio A. DeCurtis v. Visconti, Boren & Campbell, Ltd., 152 A.3d 413 (R.I. 2017).
· cites it 3× “” General Laws 1956 § 9-17-13 codified the common law marital privilege: “In the trial of every civil cause, the husband or wife of either party shall be deemed a competent witness; provided, that neither shall be permitted to give any testimony tending to criminate the other or…”
State v. Christian, 841 A.2d 1158 (Conn. 2004).
· cites it 2× “11-505 (B) (Michie 2003) (“by that person to that person’s spouse”); R.I. Gen. Laws § 9-17-13 (1997) (“neither [spouse] shall be permitted .”
Zuba v. Pawtucket Credit Union, 941 A.2d 167 (R.I. 2008).
· cites it 2× “Defense counsel also argued; (1) that plaintiff’s case was fatally flawed because it would necessarily implicate statements made to her by her husband and (2) that those statements would be inadmissible under G.L.1956 § 9-17-13 (spousal communications).”
State v. Gutierrez, 482 P.3d 700 (N.M. 2019).
“§§ 5914 , -5923 (1978); 9 R.I. Gen. Laws § 9-17-13 (2010); S.C. Code Ann.”
Del Greco v. Del Greco, 142 A.2d 714 (R.I. 1958).
“1956, §9-17-13, protecting certain privileged communications between husband and wife.”
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