Montana § 46-16-212 Competency Of Spouses

Montana Statutes

§ 46-16-212 — Competency Of Spouses

Montana·Title 46 CRIMINAL PROCEDURE·Ch. 16 TRIAL·Part 2 Rules of Evidence for Criminal Cases

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.

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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.

Montana § 46-16-212 (Competency Of Spouses) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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.