Sunday, January 24, 2016

Evidence Rule 509. Marital Privilege -- Confidential Communications revised

Rule 509. Marital Privilege -- Confidential Communications revised
Except as otherwise provided in this rule, no [No] person shall disclose any
communication made in confidence between such person and his or her spouse or civil
union partner. There is no privilege under this rule (a) if [unless] both spouses or
partners [shall] consent to the disclosure [or unless]~ the communication is relevant
to an issue in an action between [them or] the spouses or partners; (c) in a criminal
action or proceeding in which either spouse or partner consents to the disclosure [, orL
.{Ql in a criminal action or proceeding coming within Rule 501 (2); or (e) in a criminal
action or proceeding if the communication relates to an ongoing or future crime or fraud
in which the spouses or partners were or are joint participants at the time of the
communication. When a spouse or partner is incapacitated or deceased, consent to the
disclosure may be given for such spouse or partner by the guardian, executor or
' .
administrator. The requirement for consent shall not terminate with divorce, dissolution
of a civil union, or separation. A communication between spouses or partners while
living separate and apart under a divorce from bed and board or legal separation from a
partner in a civil union shall not be a privileged communication.
HISTORY: Adopted September 15, 1992 to be effective July 1, 1993; section 2A:84A-
22 amended by the Legislature, L. 1992, c. 142, § 2, effective Nov. 17, 1992; amended
by the Legislature, L. 2015, c. 138, effective November 9, 2015, with conforming
amendment to the rule adopted December 8, 2015 to be effective retroactive to

November 9, 2015.
It is ORDERED that, pursuant to N.J.S.A. 2A:84A-38 and in conformance with L.
2015, c. 138, which amended N.J.S.A2A:84A-22, the attached amendment to N.J.R.E.
509 of the New Jersey Rules of Evidence is adopted effective retroactive to November

Chief Justice
Dated: December 8, 2015