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A spouse cannot be forced to testify against another spouse in Missouri. However, the spouse can choose to voluntarily testify for or against the other spouse. If they do they cannot disclose confidential communications between each other.
See the below Missouri statue 546.260.
I highlighted and underlined the specific language in the law.
Defendant may testify in own behalf--spouse may testify for husband or wife--spouse may testify against husband or wife, when.
546.260. 1. No person shall be incompetent to testify as a witness in any criminal cause or prosecution by reason of being the person on trial or examination, or by reason of being the husband or wife of the accused, but any such facts may be shown for the purpose of affecting the credibility of such witness; provided, that no person on trial or examination, nor wife or husband of such person, shall be required to testify, but any such person may testify at his or her option either on behalf of or against the defendant, and shall be liable to cross-examination, as to any matter referred to in his examination in chief, and may be contradicted and impeached as any other witness in the case; provided, that in no case shall husband or wife, when testifying under the provisions of this section, be permitted to disclose confidential communications had or made between them in the relation of such husband and wife.
2. Notwithstanding subsection 1 of this section or any other provision of law to the contrary, in any criminal prosecution under chapter 565, 566 or 568, RSMo, involving an alleged victim under the age of eighteen, a spouse shall be a competent witness against a defendant spouse, and no spousal privilege as set forth in subsection 1 of this section or any other provision of law shall exist.
Hope this answers your question.
That immunity is referencing immunity in a civil procedure. If a person voluntarily, knowingly and intelligently (of their own free will, free from pressure) signs a contract with that wording, they would then open themselves up to having to testify against the spouse in a civil proceeding
It appears if he signs a separate document "REMOVING THEMSELVES FROM SAID IMMUNITY". They will not be able to shall be deemed ineligible to hold corporate membership in the Fur Takers of America Inc.
The answer is without removing themselves from said immunity by signing the additional document they would be required to testify against their spouse.
Let me know if this helps?
If he signs the agreement you wrote he would be required to testify against his wife in a civil proceeding in relation to the Fur Takers of America Inc.
The reference to being immune is if he signs a separate agreement "UNLESS SAID MEMBER HAS SIGNED A LEGAL DOCUMENT REMOVING THEMSELVES FROM SAID IMMUNITY. " Therefore if there is no separate agreement that removes the person from immunity then they are not exempt.
For what it is worth that additional language in capitals is going to cause everyone confusion. Is it really needed?
Until you can change your by-laws If the situation arises again, have an agreement signed by both parties (the board member and the spouse) prior to issuing a contract.
Good Luck I'm glad I could help.
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