Rule 11-505. Spousal privileges.

A. Definition. A communication is “confidential” if made privately and not intended for further disclosure except to other persons in furtherance of the purpose of the communication. B. Scope of the privilege. A person has a privilege to refuse to disclose, or to prevent another from disclosing, a confidential communication by the person to that person’s spouse while they were married. C. Who may claim the privilege. (1) The privilege may be claimed by (a) the spouse who made the confidential communication; (b) that spouse’s guardian or conservator; or (c) that spouse’s personal representative. (2) The privilege may also be claimed by the spouse to whom the confidential communication was made. (3) Authority to claim the privilege is presumed absent evidence to the contrary. D. Exceptions. (1) Criminal cases. No privilege shall apply to confidential communications relevant to proceedings in which one spouse is charged with a crime against (a) the person or property of the other spouse or a child of either; or (b) the person or property of a third person committed during the course of a crime against the other spouse. (2) Civil cases. No privilege shall apply to confidential communications relevant to a civil action brought by or on behalf of one spouse or a child of either against the other spouse or a child of either.