NRS 49.295
Married person: General rule of privilege

  • exceptions.

1.

Except as otherwise provided in subsections 2 and 3 and NRS 49.305:

(a)

A married person cannot be examined as a witness for or against his or her spouse without his or her consent.

(b)

No spouse can be examined, during the marriage or afterwards, without the consent of the other spouse, as to any communication made by one to the other during marriage.

2.

The provisions of subsection 1 do not apply to a:

(a)

Civil proceeding brought by or on behalf of one spouse against the other spouse;

(b)

Proceeding to commit or otherwise place a spouse, the property of the spouse or both the spouse and the property of the spouse under the control of another because of the alleged mental or physical condition of the spouse;

(c)

Proceeding brought by or on behalf of a spouse to establish his or her competence;

(d)

Proceeding in the juvenile court or family court pursuant to title 5 of NRS or NRS 432B.410 to 432B.590, inclusive; or

(e)

Criminal proceeding in which one spouse is charged with:

(1)

A crime against the person or the property of the other spouse or of a child of either, or of a child in the custody or control of either, whether the crime was committed before or during marriage.

(2)

Bigamy or incest.

(3)

A crime related to abandonment of a child or nonsupport of the other spouse or child.

3.

The provisions of subsection 1 do not apply in any criminal proceeding to events which took place before the spouses were married.

Source: Section 49.295 — Married person: General rule of privilege; exceptions., https://www.­leg.­state.­nv.­us/NRS/NRS-049.­html#NRS049Sec295.

49.015
Privileges recognized only as provided.
49.025
Required reports privileged by statute.
49.027
Prevention of disclosure of privileged matter by interpreter.
49.035
Definitions.
49.045
“Client” defined.
49.055
“Confidential” defined.
49.065
“Lawyer” defined.
49.075
“Representative of the client” defined.
49.085
“Representative of the lawyer” defined.
49.095
General rule of privilege.
49.105
Who may claim privilege.
49.115
Exceptions.
49.117
“Review committee” defined.
49.119
General rule of privilege.
49.121
Who may claim privilege.
49.123
Exceptions.
49.125
Definitions.
49.135
“Accountant” defined.
49.145
“Client” defined.
49.155
“Confidential” defined.
49.165
“Representative of the accountant” defined.
49.175
“Representative of the client” defined.
49.185
General rule of privilege.
49.195
Who may claim privilege.
49.205
Exceptions.
49.207
Definitions.
49.209
General rule of privilege.
49.211
Who may claim privilege.
49.213
Exceptions.
49.215
Definitions.
49.225
General rule of privilege.
49.235
Who may claim privilege.
49.245
Exceptions.
49.246
Definitions.
49.247
General rule of privilege.
49.248
Who may claim privilege.
49.249
Exceptions.
49.251
Definitions.
49.252
General rule of privilege.
49.253
Who may claim privilege.
49.254
Exceptions.
49.255
Confessor and confessant.
49.265
Committees for review of medical or dental care.
49.275
News media.
49.285
Public officer as witness.
49.290
Counselor and pupil.
49.291
Teacher and pupil.
49.293
Law enforcement or public safety personnel and counselor.
49.295
Married person: General rule of privilege
49.305
Married person: Exception for insanity.
49.315
Political vote.
49.325
Trade secrets.
49.335
Privilege to refuse disclosure of identity of informer.
49.345
Who may claim.
49.355
Voluntary disclosure
49.365
Testimony on guilt or innocence.
49.375
Legality of obtaining evidence.
49.385
Waiver of privilege by voluntary disclosure.
49.395
Privileged matter disclosed under compulsion or without opportunity to claim privilege.
49.405
Comment upon or inference from claim of privilege
49.2502
Definitions.
49.2504
General rule of privilege.
49.2506
Who may claim privilege.
49.2508
Exceptions.
49.2541
Definitions.
49.2542
“Domestic violence” defined.
49.2543
“Sexual assault” defined.
49.2544
“Victim” defined.
49.2545
“Victim’s advocate” defined.
49.2546
When communication deemed to be confidential
49.2547
General rule of privilege.
49.2548
Who may claim privilege.
49.2549
Exceptions.
49.25425
“Human trafficking” defined.
Last Updated

Feb. 5, 2021

§ 49.295’s source at nv​.us