2.04.240 [Rule 21] Husband-Wife

(a) Anti-Marital Fact. In any action before the Court, a husband may not be examined for or against his wife without her consent, and a wife may not be examined for or against her husband without his consent, as to events occurring during the marriage.

(b) Communications. Neither husband nor wife may be examined during the marriage or after the marriage as to any communication made by one or the other during the marriage without consent of the other, i.e., the speaker. Only the speaker may waive this privilege.

(c) Exceptions,

(1) In any action for divorce or a civil action by one against the other, the privileges are waived.

(2) In a criminal action or proceeding for a crime committed by one against the other, or in a criminal proceeding for abandonment, failure to support or provide for, or failure or neglect to furnish the necessities of life to the spouse or the minor children, the privileges are waived.