New Jersey Statutes 2A:84A-22. Marital privilege – confidential communications
Terms Used In New Jersey Statutes 2A:84A-22
- Executor: A male person named in a will to carry out the decedent
- Fraud: Intentional deception resulting in injury to another.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- person: includes corporations, companies, associations, societies, firms, partnerships and joint stock companies as well as individuals, unless restricted by the context to an individual as distinguished from a corporate entity or specifically restricted to one or some of the above enumerated synonyms and, when used to designate the owner of property which may be the subject of an offense, includes this State, the United States, any other State of the United States as defined infra and any foreign country or government lawfully owning or possessing property within this State. See New Jersey Statutes 1:1-2
(1) Except as otherwise provided in this section, no person shall disclose any communication made in confidence between such person and his or her spouse or civil union partner.
(2) There is no privilege:
(a) if both spouses or partners consent to the disclosure;
(b) if the communication is relevant to an issue in an action between the spouses or partners;
(c) in a criminal action or proceeding in which either spouse or partner consents to the disclosure;
(d) in a criminal action or proceeding coming within section 17 of P.L.1960, c.52 (C. 2A:84A-17); 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.
(3) 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 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.
L.1960, c.52, s.22; amended 1992, c.142, s.2; 2013, c.103, s.17; 2015, c.138, s.2.