Montana § 46-16-212 Competency Of Spouses

Montana Statutes

§ 46-16-212 — Competency Of Spouses

Montana § 46-16-212

Title 46CRIMINAL PROCEDURE

Ch. 16TRIAL

Part 2Rules of Evidence for Criminal Cases

This text of Montana § 46-16-212 (Competency Of Spouses) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 46-16-212 (2026).

Text

46-16-212 . Competency of spouses.

(1)Neither spouse may testify to the communications or conversations between spouses that occur during their marriage unless:

(a)consent of the defendant-spouse is obtained;

(b)the defendant-spouse has been charged with an act of criminal violence against the other; or

(c)the defendant-spouse has been charged with abuse, abandonment, or neglect of the other spouse or either spouse's children.

(2)Except as provided in subsection (1), a spouse is a competent witness for or against the other spouse.

Free access — add to your briefcase to read the full text and ask questions with AI

46-16-212 . Competency of spouses. (1) Neither spouse may testify to the communications or conversations between spouses that occur during their marriage unless:
(a) consent of the defendant-spouse is obtained;
(b) the defendant-spouse has been charged with an act of criminal violence against the other; or
(c) the defendant-spouse has been charged with abuse, abandonment, or neglect of the other spouse or either spouse's children.
(2) Except as provided in subsection (1), a spouse is a competent witness for or against the other spouse.

Legislative History

En. Sec. 2441, Pen. C. 1895; re-en. Sec. 9483, Rev. C. 1907; amd. Sec. 1, Ch. 111, L. 1915; re-en. Sec. 12176, R.C.M. 1921; Cal. Pen. C. Sec. 1322; re-en. Sec. 12176, R.C.M. 1935; Sec. 94-8802, R.C.M. 1947; redes. 95-3011 by Sec. 29, Ch. 513, L. 1973; amd. Sec. 50, Ch. 184, L. 1977; R.C.M. 1947, 95-3011; amd. Sec. 197, Ch. 800, L. 1991.