Section 2.27 Confidential Communications—Certain Exceptions

• Library: Family Law Deskbook and 2014 Supp

B. (§2.27) Confidential Communications—Certain Exceptions

A spouse may be a witness in any court proceeding, either for or against a spouse. Section 546.260, RSMo 2000, provides that the spouse of a criminal defendant may not be required to testify at the defendant’s trial but may testify at his or her option. State v. Byrd, 676 S.W.2d 494 (Mo. banc 1984), superseded by statuteas recognized inState v. Clark,
756 S.W.2d 565 (Mo. App. W.D. 1988). There is still a specific prohibition for testimony that would “disclose confidential communications had or made between them in the relation” of the husband and wife. State v....