Wisconsin Statutes 905.05 – Husband-wife and domestic partner privilege
Current as of: 2023 | Check for updates
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Terms Used In Wisconsin Statutes 905.05
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Person: includes all partnerships, associations and bodies politic or corporate. See Wisconsin Statutes 990.01
- Property: includes real and personal property. See Wisconsin Statutes 990.01
(1) General rule of privilege. A person has a privilege to prevent the person’s spouse or former spouse or domestic partner or former domestic partner from testifying against the person as to any private communication by one to the other made during their marriage or domestic partnership. As used in this section, “domestic partner” means a domestic partner under ch. 770.
(2) Who may claim the privilege. The privilege may be claimed by the person or by the spouse or domestic partner on the person’s behalf. The authority of the spouse or domestic partner to do so is presumed in the absence of evidence to the contrary.
(3) Exceptions. There is no privilege under this rule:
(a) If both spouses or former spouses or domestic partners or former domestic partners are parties to the action.
(b) In proceedings in which one spouse or former spouse or domestic partner or former domestic partner is charged with a crime against the person or property of the other or of a child of either, or with a crime against the person or property of a 3rd person committed in the course of committing a crime against the other.
(c) In proceedings in which a spouse or former spouse or domestic partner or former domestic partner is charged with a crime of pandering or prostitution.
(d) If one spouse or former spouse or domestic partner or former domestic partner has acted as the agent of the other and the private communication relates to matters within the scope of the agency.