Rule 27

(A) As used in this rule, the following terms shall have the meaning indicated below:(1) Spouses. — A man and a woman legally married to each other.(2) Confidential communication between spouses. — Information transmitted in private, without the intention of communicating it to third persons, and in the belief that such information would not be disclosed.(B) A married person cannot be compelled to testify for or against his spouse.(C) Subject to the provisions of this rule, a spouse, whether or not a party to the action, has a privilege during the marital relationship and afterwards to refuse to disclose, and to prevent another from disclosing, a communication made in confidence between him and the other spouse while they were husband and wife. The other spouse or the guardian of an incompetent spouse may claim the privilege.(D) There is no privilege under this rule if:(1) Disclosure is requested in a civil proceeding brought by one spouse against the other.(2) Disclosure is requested in a criminal proceeding in which one spouse is charged with:(i) A crime against the person or property of the other spouse or of a child of either.(ii) A crime against the person or property of a

ed in a criminal proceeding in which one spouse is charged with:(i) A crime against the person or property of the other spouse or of a child of either.(ii) A crime against the person or property of a third person committed in the course of committing a crime against the person or property of the other spouse.(iii) Bigamy or adultery.(iv) Abandonment of child or nonperformance of duty to support a child of either spouse.(3) Disclosure is requested in a proceeding under the Juvenile Court Law or in an action for child custody.(4) Disclosure is requested in a criminal proceeding in which the communication is offered in evidence by a defendant who is one of the spouses between whom the communication was made.(5) Disclosure is requested in a proceeding brought by or on behalf of either spouse to establish his competence.(6) Disclosure is requested in a proceeding to commit either spouse or otherwise place him or his property, or both, under the control of another because of his alleged mental or physical condition.(7) The communication was made, in whole or in part, to enable or aid anyone to commit or plan to commit a crime, a tortious act or a fraud.(E) No privilege may be claimed

ental or physical condition.(7) The communication was made, in whole or in part, to enable or aid anyone to commit or plan to commit a crime, a tortious act or a fraud.(E) No privilege may be claimed under this rule when one spouse, with consent of the other, disclosed or permitted disclosure of any part of a confidential communication. History —Amended July 20, 1979, No. 180, p. 489, §§ 1, 2, eff. Oct. 1, 1979.