46-16-212. Competency of spouses. (1) Neither spouse may testify to the communications or conversations between spouses that occur during their marriage unless:

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Terms Used In Montana Code 46-16-212

  • Witness: means a person whose testimony is desired in a proceeding or investigation by a grand jury or in a criminal action, prosecution, or proceeding. See Montana Code 46-1-202

(a)consent of the defendant-spouse is obtained;

(b)the defendant-spouse has been charged with an act of criminal violence against the other; or

(c)the defendant-spouse has been charged with abuse, abandonment, or neglect of the other spouse or either spouse’s children.

(2)Except as provided in subsection (1), a spouse is a competent witness for or against the other spouse.