For example, if the husband is only a witness to a suit, not an actual party, are communications between witness-husband and his wife privilege? Or does the privilege only apply when one of the spouse has an interest to the suit?
We are handling a medical malpractice lawsuit and seek to obtain deposition testimony from the daughter-in-law of the the plaintiff. When we asked her about specific conversation that she had with her husband (the son of the plaintiff in the lawsuit), Plaintiff's attorney raised the husband-wife privilege. Neither wife or husband are a party to the suit; they are simply witnesses.I'm a law clerk; I appreciate everyone's input.