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      CE 504     


Art. 504.  Spousal confidential communications privilege

A.  Definition.  A communication is "confidential" if it is made privately and is not intended for further disclosure unless such disclosure is itself privileged.

B.  Confidential communications privilege.  Each spouse has a privilege during and after the marriage to refuse to disclose, and to prevent the other spouse from disclosing, confidential communications with the other spouse while they were husband and wife.

C.  Confidential communications; exceptions.  This privilege does not apply:

(1)  In a criminal case in which one spouse is charged with a crime against the person or property of the other spouse or of a child of either.

(2)  In a civil case brought by or on behalf of one spouse against the other spouse.

(3)  In commitment or interdiction proceedings as to either spouse.

(4)  When the communication is offered to protect or vindicate the rights of a minor child of either spouse.

(5)  In cases otherwise provided by legislation.

Acts 1992, No. 376, §1, eff. Jan. 1, 1993.

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