Family Communication Privileges

• Author: Joseph A. Ranney
• Pages: 43-50

8-1

Chapter 8

Family Communications Privileges

I. GENERAL GUIDELINES FOR DETERMINING THE SCOPE OF A PRIVILEGE

§8:01 Scope of Privileges Varies Widely Among Jurisdictions

§8:02 State Cases: What Law Applies?

§8:03 Federal Cases: Does State or Federal Law Apply?

§8:04 What Privileges Exist Under Federal Law?

§8:05 How to Determine the Scope of a Privilege

[§§8:06-8:09 Reserved]

II. SPOUSAL COMMUNICATIONS

A. Nature of Spousal Privileges

§8:10 The Testimonial and Marital Communications Privileges

§8:11 What Marital Interactions Are “Spousal Communications”?

[§§8:12-8:19 Reserved]

B. Common Exceptions to Spousal Communications Privileges

§8:20 Communications After Separation and Divorce

§8:21 Abuse of Spouse or Children

§8:22 Crime-Fraud Exception

§8:23 Cases in Which the Spouses Are Adverse to Each Other

§8:24 Do the Privileges Apply to Same-Sex Marriages and Cohabitation?

[§§8:25-8:29 Reserved]

III. PARENT-CHILD COMMUNICATIONS

§8:30 Scope of the Parent-Child Communication Privilege

[§§8:31-8:39 Reserved]

IV. ASSERTING FAMILY COMMUNICATION PRIVILEGES AT A DEPOSITION

§8:40 Objections: Spousal Testimonial and Parent-Child Privileges

§8:41 Objection: Marital Communications Privilege

§8:42 How to Resolve Spousal and Parent-Child Privilege Objections

V. FORMS AND CHECKLISTS

Form 8-1 Checklist: Do Federal or State Rules of Evidence Apply as to Privileges in Your Case?

Form 8-2 Checklist: Family Communications Privileges

Form 8-3 E-Mail Regarding Resolution of Dispute (Spousal Privileges)