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Massachusetts Guide to Evidence 2025 Edition MA R EVID § 504

Current as of January 01, 2025 | Updated by Findlaw Staff

(a) Spousal Privilege.

(1)General Rule. A spouse shall not be compelled to testify in the trial of an indictment, complaint, or other criminal proceeding brought against the other spouse.

(2)Who May Claim the Privilege. Only the witness-spouse may claim the privilege.

(3)Exceptions. This privilege shall not apply in civil proceedings, or in any prosecution for nonsupport, desertion, neglect of parental duty, or child abuse, including incest.

(b) Spousal Disqualification.

(1)General Rule. In any proceeding, civil or criminal, a witness shall not testify as to private conversations with a spouse occurring during their marriage.

(2)Exceptions. This disqualification shall not apply to

(A) a proceeding arising out of or involving a contract between spouses;

(B) a proceeding to establish paternity or to modify or enforce a support order;

(C) a prosecution for nonsupport, desertion, or neglect of parental duty;

(D) child abuse proceedings, including incest;

(E) any criminal proceeding in which a spouse has been charged with a crime against the other spouse;

(F) a violation of a vacate, restraining, or no-contact order or judgment issued by a Massachusetts court or a similar protection order from another jurisdiction;

(G) a declaration of a deceased spouse if the court finds that it was made in good faith and upon the personal knowledge of the declarant; or

(H) a criminal proceeding in which the private conversation reveals a bias or motive on the part of one spouse testifying against the other spouse.

(c) Parent-Child Disqualification.

(1)Definitions. As used in this subsection, the following words shall have the following meanings:

(A) Minor Child. A “minor child” is any person under eighteen years of age.

(B) Parent. A “parent” is the biological or adoptive parent, stepparent, legal guardian, or other person who has the right to act in loco parentis for the minor child referred to in Subsection (c)(1)(A).

(2)Disqualification. A parent shall not testify against the parent's minor child and a minor child shall not testify against the child's parent in a proceeding before an inquest, grand jury, trial of an indictment or complaint, or any other criminal, delinquency, or youthful offender proceeding in which the victim in the proceeding is not a family member and does not reside in the family household. In a case in which the victim is a family member and resides in the family household, the parent shall not testify as to any communication with the minor child that was for the purpose of seeking advice regarding the child's legal rights.

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Cite this article: FindLaw.com - Massachusetts Guide to Evidence 2025 Edition MA R EVID § 504 - last updated January 01, 2025 | https://codes.findlaw.com/ma/massachusetts-guide-to-evidence-2025-edition/ma-r-evid-sect-504/

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