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Marital Disqualification Rule vs. Marital Privilege Rule


Marital Disqualification Rule (Sec. 22) Marital Privilege Rule (Sec. 24)
Can be invoked only if one of the spouses is a party to the action Can be claimed whether or not the spouse is a party to the action;
Applies only if the marriage is existing at the time the testimony is offered; Can be claimed even after the marriage has been dissolved
Ceases upon the death or either spouse; Continues even after the termination of the marriage;
Constitutes a total prohibition against any testimony for or against the spouse of the witness; Applies only to confidential communications between the spouses.
The prohibition is a testimony for or against the other. The prohibition is the examination of a spouse as to matters related in confidence to the other spouse.

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