Tennessee Code Annotated
Tenn. Code Ann. § 24-1-201 (2026)
Married persons
✓ current as of May 2026
- (a) In either a civil or criminal proceeding, no married person has privilege to refuse to take the witness stand solely because that person's spouse is a party to the proceeding.
- (b) In a civil proceeding, confidential communications between married persons are privileged and inadmissible if either spouse objects. This communications privilege shall not apply to proceedings between spouses or to proceedings concerning abuse of one (1) of the spouses or abuse of a minor in the custody of or under the dominion and control of either spouse, including, but not limited to, proceedings arising under title 36, chapter 1, part 1; title 37, chapter 1, parts 1, 4 and 6; title 37, chapter 2, part 4; and title 71, chapter 6, part 1. This confidential communications privilege shall not apply to any insured's obligations under a contract of insurance in civil proceedings.
- (c)
- (1) In a criminal proceeding a marital confidential communication shall be privileged if:
- (A) The communications originated in a confidence that they will not be disclosed;
- (B) The element of confidentiality is essential to the full and satisfactory maintenance of the relation between the parties;
- (C) The relation must be one which, in the opinion of the community, ought to be sedulously fostered; and
- (D) The injury to the relation by disclosure of the communications outweighs the benefit gained for the correct disposal of litigation.
- (2) Upon a finding that a marital communication is privileged, it shall be inadmissible if either spouse objects. Such communication privileges shall not apply to proceedings concerning abuse of one (1) of the spouses or abuse of a minor in the custody of or under the dominion and control of either spouse, including, but not limited to proceedings arising under title 37, chapter 1, parts 1 and 4; title 37, chapter 2, part 4; and title 71, chapter 6, part 1.
- (1) In a criminal proceeding a marital confidential communication shall be privileged if:
Acts 1867-1868, ch. 75, § 1; 1868-1869, ch. 7, § 1; 1869-1870, ch. 19, § 2; 1869-1870, ch. 78; 1879, ch. 200, § 1; Shan., § 5596; Code 1932, § 9777; Acts 1949, ch. 55, § 1; C. Supp. 1950, § 9777; T.C.A. (orig. ed.), § 24-103; Acts 1995, ch. 53, § 1; 2000, ch. 831, §§ 1, 2.
Notes of Decisions
Cited in 33
cases (1 in the last 5 years), 1984–2021 · leading case: State v. Powers, 101 S.W.3d 383 (Tenn. 2003).
State v. Powers, 101 S.W.3d 383 (Tenn. 2003). “200, § 1 (codified at Tenn.Code Ann. § 24-1-201 (1991))(emphasis added).”
State v. Hurley, 876 S.W.2d 57 (Tenn. 1994). “He cites several authorities, including Tennessee Rules of Evidence; and T.C.A. §§ 24-1-201, XX-XX-XXX. Tennessee Rule of Evidence 501, in effect at the time of defendant's trial in May, 1990, states that: Privileges are to be recognized only as provided.”
State v. Winters, 137 S.W.3d 641 (Tenn. Crim. App. 2003). “Tenn.Code Ann. § 24-1-201 (amended 2000).”
State v. Price, 46 S.W.3d 785 (Tenn. Crim. App. 2000). “Prior to trial, the defendant moved to suppress his wife’s testimony on spousal witness privilege and marital communications privilege grounds, contending that Tenn.Code Ann. § 24-1-201, as amended in 1995, had abrogated all existing Tennessee common law on spousal privilege.”
State v. Bush, 942 S.W.2d 489 (Tenn. 1997). “Finally, we note that the Hurley modification of the common law rule was superseded by statute when the legislature, in 1995, amended Tenn. Code Ann. § 24-1-201 , which had previously only applied in civil cases.”
State of Tennessee v. Hubert Glenn Sexton, 368 S.W.3d 371 (Tenn. 2012). “Tennessee Code Annotated section 24-1-201 governs the privilege afforded spouses as to marital communications.”
Billy Overstreet v. TRW Com. Steering Div., 256 S.W.3d 626 (Tenn. 2008). “Tenn Code Ann. §§ 24-1-201 to -211 (2007).”
State v. Mitchell, 137 S.W.3d 630 (Tenn. Crim. App. 2003). “§ 24-1-201(c)(1)(D) (2000). In the present case, the lower court focused on the fact that although the defendant and Ms.”
State v. Gosnell, 62 S.W.3d 740 (Tenn. Crim. App. 2001). “The General Assembly recently amended the language of Tenn.Code Ann. § 24-1-201. See 2000 Public Acts, Chapter 831.”
State v. Bondurant, 4 S.W.3d 662 (Tenn. 1999). “See Tenn.Code Ann. § 24-1-201 (Supp.1998). We express no opinion on the effect or application of the statute to this case.”
Brown v. State, 753 A.2d 84 (Md. 2000). “Codified Laws § 19-13-13 (Michie 1995); Tenn.Code Ann. § 24-1-201(b) (1999); Utah Code Ann.”
Smith v. Graves, 672 S.W.2d 787 (Tenn. Ct. App. 1984). “TCA § 24-1-201. The appellants’ first issue is found to be without merit.”
— Tenn. Code Ann. § 24-1-201(a) — 1 case
State of Tennessee v. Billy Jason Hancock (Tenn. Crim. App. 2014).
— Tenn. Code Ann. § 24-1-201(b) — 3 cases
State v. Powers, 101 S.W.3d 383 (Tenn. 2003). “200, § 1 (codified at Tenn.Code Ann. § 24-1-201 (1991))(emphasis added).”
Brown v. State, 753 A.2d 84 (Md. 2000). “Codified Laws § 19-13-13 (Michie 1995); Tenn.Code Ann. § 24-1-201(b) (1999); Utah Code Ann.”
State of Tennessee v. Gerald Powers - Dissenting (Tenn. 2002).
— Tenn. Code Ann. § 24-1-201(c) — 3 cases
State v. Powers, 101 S.W.3d 383 (Tenn. 2003). “200, § 1 (codified at Tenn.Code Ann. § 24-1-201 (1991))(emphasis added).”
State of Tennessee v. Gerald Powers - Dissenting (Tenn. 2002).
State of Tennessee v. Billy Jason Hancock (Tenn. Crim. App. 2014).
— Tenn. Code Ann. § 24-1-201(c)(1) — 3 cases
Myron Lorenzo Johnson v. State of Tennessee (Tenn. Crim. App. 2017).
State of Tennessee v. Albert Evans (Tenn. Crim. App. 2006).
State of Tennessee v. Gerald L. Powers (Tenn. Crim. App. 2001).
— Tenn. Code Ann. § 24-1-201(c)(1)(A) — 2 cases
State of Tennessee v. Tim Holt (Tenn. Crim. App. 2003).
State of Tennessee v. Robert Fann, Jr. (Tenn. Crim. App. 2012).
— Tenn. Code Ann. § 24-1-201(c)(1)(D) — 1 case
State v. Mitchell, 137 S.W.3d 630 (Tenn. Crim. App. 2003). “§ 24-1-201(c)(1)(D) (2000). In the present case, the lower court focused on the fact that although the defendant and Ms.”
— Tenn. Code Ann. § 24-1-201(c)(2) — 4 cases
State v. Winters, 137 S.W.3d 641 (Tenn. Crim. App. 2003). “Tenn.Code Ann. § 24-1-201 (amended 2000).”
State v. Mitchell, 137 S.W.3d 630 (Tenn. Crim. App. 2003). “§ 24-1-201(c)(1)(D) (2000). In the present case, the lower court focused on the fact that although the defendant and Ms.”
State of Tennessee v. Tim Holt (Tenn. Crim. App. 2003).
State of Tennessee v. Robert Michael Winters (Tenn. Crim. App. 2003).
— Tenn. Code Ann. § 24-1-201(c)(B) — 1 case
State of Tennessee v. Billy Jason Hancock (Tenn. Crim. App. 2014).
— Tenn. Code Ann. § 24-1-201(e) — 1 case
State v. Powers, 101 S.W.3d 383 (Tenn. 2003). “200, § 1 (codified at Tenn.Code Ann. § 24-1-201 (1991))(emphasis added).”
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