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Index/Topics/Federal Precedent

Federal Precedent

Federal precedent and many modern treatments distinguish the testimonial privilege

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Feb 8, 2026

What filings or on‑record statements would constitute a clear waiver of spousal privilege in a state criminal prosecution?

A clear waiver of in a state criminal prosecution is typically demonstrated by an on‑record act or filing that shows the witness‑spouse voluntarily abandoned the right not to testify—most commonly by ...

Feb 7, 2026

What is the difference between testimonial privilege and marital communications privilege in New York state courts?

law treats two distinct marital privileges differently: the marital (confidential) communications privilege protects private communications made during marriage and survives the end of the marriage, w...