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Rules of Evidence Table of Contents

RULES OF EVIDENCE

ARTICLE V. PRIVILEGES

Rule 504. Husband and Wife Privilege

 

Husband and wife are competent witnesses for or against each other in all cases, civil and criminal, except that unless otherwise specifically provided, neither shall be allowed to testify against the other as to any statement, conversation, letter or other communication made to the other or to another person, nor shall either be allowed in any case to testify as to any matter which in the opinion of the Court would lead to a violation of marital confidence.

2016 NHRE Update Committee Note

No change was made to New Hampshire Rule of Evidence 504 by supreme court order dated April 20, 2017, effective July 1, 2017. None of the privilege rules were adopted from the Federal Rules of Evidence so they were not part of the Update Committee’s targeted review. Some of the rules of privilege are adopted from the Uniform Rules of Evidence and some of them summarize New Hampshire statutes on privilege that were in existence at the time the New Hampshire Rules of Evidence were adopted. The Uniform Rules of Evidence were modified in 2005. The Update Committee did not make recommendations to amend these rules based upon Uniform Rule modifications.

 

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