(a) Unless erroneously compelled to do so, a married person who testifies in a proceeding to which his spouse is a party, or who testifies against his spouse in any proceeding, does not have a privilege under this article in the proceeding in which such testimony is given.

(b) There is no privilege under this article in a civil proceeding brought or defended by a married person for the immediate benefit of his spouse or of himself and his spouse.

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Terms Used In California Evidence Code 973

  • Person: includes a natural person, firm, association, organization, partnership, business trust, corporation, limited liability company, or public entity. See California Evidence Code 175
  • Spouse: includes "registered domestic partner" as required by §. See California Evidence Code 215
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.

(Enacted by Stats. 1965, Ch. 299.)