Rule 2:504. Spousal Testimony and Marital Communications Privileges (rule 2:504(a) Derived from Code § 8.01-398; and Rule 2:504(b) Derived from Code § 19.2-271.2)

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Rule 2:504. SPOUSAL TESTIMONY AND MARITAL COMMUNICATIONS PRIVILEGES (Rule 2:504(a) derived from Code § 8.01-398; and Rule 2:504(b) derived from Code § 19.2-271.2)

(a) Privileged Marital Communications in Civil Cases.

1. Husband and wife shall be competent witnesses to testify for or against each other in all civil actions.

2. In any civil proceeding, a person has a privilege to refuse to disclose, and to prevent anyone else from disclosing, any confidential communication between such person and his or her spouse during their marriage, regardless of whether such person is married to that spouse at the time he or she objects to disclosure. This privilege may not be asserted in any proceeding in which the spouses are adverse parties, or in which either spouse is charged with a crime or tort against the person or property of the other or against the minor child of either spouse. For the purposes of this Rule, "confidential communication" means a communication made privately by a person to his or her spouse that is not intended for disclosure to any other person.

(b) Testimony of Husband and Wife in Criminal Cases.

1. In criminal cases husband and wife shall be allowed...