Wyo. Stat. » Wyo. Stat. / Title 01 - Civil Procedure / Chapter 12 - EVIDENCE AND WITNESSES / Article 1 - WITNESSES GENERALLY
Wyoming Statutes

Wyo. Stat. § 1-12-104 (2026)

Husband and wife as witnesses in civil and

✓ current as of May 2026
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criminal cases.

No husband or wife shall be a witness against the other except
in criminal proceedings for a crime committed by one against the
other, or in a civil action or proceeding by one against the
other. They may in all civil and criminal cases be witnesses for
each other the same as though the marital relation did not
exist.
Notes of Decisions
Cited in 17 cases, 1978–2019 · leading case: Engberg v. Meyer, 820 P.2d 70 (Wyo. 1991).
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Engberg v. Meyer, 820 P.2d 70 (Wyo. 1991). · cites it 26× “Also, while the record shows that at trial both counsel and the court ignored Wyo. Stat. § 1-12-104 (1988), Justice Thomas' construction of the statute violates Engberg's constitutionally protected right to obtain witnesses in his favor.”
Rogers v. State, 2008 WY 90 (Wyo. 2008). · cites it 24× “Pursuant to Wyo. Stat. Ann. § 1-12-104 (LexisNexis 2007), no marital privilege exists in such a situation.”
Trammel v. United States, 445 U.S. 40 (1980). · cites it 2× “11 (Vernon 1979); Wyo. Stat. § 1-12-104 (1977). Sixteen States provide a privilege against adverse spousal testimony and vest the privilege in both spouses or in the defendant-spouse alone: see Alaska Crim.”
Amin v. State, 695 P.2d 1021 (Wyo. 1985). · cites it 6× “"Whether it was prejudicial error for the trial court to permit joinder and allow evidence to be admitted against appellant in violation of Section 1-12-104, W.S. 1977. III. "Whether the trial court's refusal to allow appellant's trial counsel a full and effective…”
Nisonger v. State, 581 P.2d 1094 (Wyo. 1978). · cites it 6× “Extension of a privilege to such circumstances would clearly exceed the limits of that statutory doctrine.”
Pinther v. Pinther, 888 P.2d 1250 (Wyo. 1995). · cites it 4× “Wyo.Stat. § 1-12-104 (1988) states: No husband or wife shall be a witness against the other except in criminal proceedings for a crime committed by one against the other, or in a civil action or proceeding by one against the other.”
Amin v. State, 774 P.2d 597 (Wyo. 1989). · cites it 4× “W.S. 1-12-104. [6] In further pleading, challenge was made and denied that appellate counsel for Amin in first appeal came to be a member of the office of the attorney general by the time of post-conviction-relief petition.”
Curran v. Pasek, 886 P.2d 272 (Wyo. 1994). · cites it 8× “Wyo.Stat. § 1-12-104 (1988) provides: No husband or wife shall be a witness against the other except in criminal proceedings for a crime committed by one against the other, or in a civil action or proceeding by one against the other.”
Monn v. State, 811 P.2d 1004 (Wyo. 1991). · cites it 5× “2d 280 (1960), we held that it is within the purview of our statute [§ 1-142, supra (now W.S. 1-12-104)] that the wife be permitted to testify where she has suffered a special, particular and personal wrong through the rapacious assault upon her child.”
Freudenthal v. Cheyenne Newspapers, Inc., 2010 WY 80 (Wyo. 2010). “or physician may testify by express consent of the client or patient, and if the client or patient voluntarily testifies the attorney or physician may be compelled to testify on the same subject; (i) A clergyman or priest concerning a confession made to him in his professional…”
State v. Freeman, 276 S.E.2d 450 (N.C. 1981). “11 (Vernon 1979); Wyo. Stat. § 1-12-104 (1977). Mississippi provides that spouses are incompetent to testify against each other, Miss.”
Aland v. Mead, 327 P.3d 752 (Wyo. 2014). “or physician may testify by express consent of the client or patient, and if the client or patient voluntarily testifies the attorney or physician may be compelled to testify on the same subject; (i) A clergyman or priest concerning a confession made to him in his professional…”
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