FAMILY
COMMUNICATIONS
PRIVILEGES
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. PARENTCHILD 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)
