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I think you may be referring to "compelled testimony", but the "privilege against self-incrimination" is a misnomer and an incorrectly defined and incorrectly expressed concept.

Amendment V to the U.S. Constitution confers a broadly-defined and broadly-conferred right to remain silent. It is not an absolute right, but where it exists in the law it is a fundamental right, and it is assured by the United States Constitution as a matter of both U.S. and State citizenship.

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13y ago

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Can a husband testify against his wife in a civil suit for his mistress?

Yes, she can.The marital confidences privilege (or marital communications privilege) is a form of privileged communication protecting the contents of confidential communications between a married couple. This privilege applies in civil and criminal cases. When applied, a court may not compel one spouse to testify against the other concerning confidential communications made during marriage.The privilege generally applies only where both of the following fact situations are present: (1) a third party was not present during the communication (the presence of a third party would destroy the confidential nature of the communication), and (2) both parties intended that the communication be confidential.The privilege is usually restricted to confidential communications made during marriage and does not include communications made before the marriage or after divorce. The privilege does, however, generally survive the divorce; that is, a person can be prevented from testifying about confidential communications with an ex-spouse made during the marriage.Either spouse can invoke this privilege, either refusing to testify against their spouse or preventing their spouse from testifying. Finally, courts may require that the communication relate specifically to the marriage.ADDITIONAL; Short answer - - - if they are divorced they are no longer married - she is no longer a "wife" - and the spousal privilege no longer applies.


Do you have to answer questions in court about a civil matter if you know the information you give can be used against your husband?

No you dont its called Spousal privilege which comprises two parts:Part One:::The marital confidences privilege (or marital communications privilege) is a form of privileged communication protecting the contents of confidential communications between a married couple. This privilege applies in civil and criminal cases. When applied, a court may not compel one spouse to testify against the other concerning confidential communications made during marriage.Part Two:::The spousal testimonial privilege (or spousal immunity) can be used to prevent any party in a civil/criminal case from calling the defendant's spouse to testify against the defendant about any topic.


Does spousal privilege apply before marriage in legal proceedings?

No, spousal privilege typically does not apply before marriage in legal proceedings. Spousal privilege generally only applies to communications made between spouses during the marriage.


Can you plea the 5th on a deposition?

The constitutional privilege against self-incrimination applies to a civil proceeding. The U.S. Supreme Court stated the following: "The privilege is not ordinarily dependent upon the nature of the proceeding in which the testimony is sought or is to be used. It applies alike to civil and criminal proceedings, wherever the answer might tend to subject to criminal responsibility him who gives it." See McCarthy v. Arndstein 266 U.S. 34, *40, 45 S.Ct. 16, 17 (U.S. 1924).


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