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LawEnforcement4you
LawEnforcement4you, Policeperson
Category: Criminal Law
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Experience:  Police Officer – 22 yrs., Chief of Police – 5 yrs., Accident Reconstruction Specialist
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I am looking for the law regarding a huband testifying ...

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I am looking for the law regarding a huband testifying against his wife in the state of Missouri. Would the following over ride that law? UNLESS SAID MEMBER HAS SIGNED A LEGAL DOCUMENT REMOVING THEMSELVES FROM SAID IMMUNITY

HelloCustomer

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.

Good Luck,

LEF4U

 

Customer: replied 9 years ago.
Our concern is that if there was a problem with the wife, he would be ammune from testifying. If he signs a document as indicated above would that hold up in court?
Customer: replied 9 years ago.
It might help if you see the by-law. This includes the proposed additon in capital letters: No corporate member shall so situate themselves as to be legally immune from testimony in actions which may arise against contractors, licensees, lessors, lessees, or employees of the corporation (addition) UNLESS SAID MEMBER HAS SIGNED A LEGAL DOCUMENT REMOVING THEMSELVES FROM SAID IMMUNITY. Such individuals as are found to be immune from such legal testimony shall be deemed ineligible to hold corporate membership in the Fur Takers of America Inc., in compliance with all applicable conflict-of-interest statutes and regulations and general not for profit corporation law in Missouri and applicable requirements of the United States Internal Revenue Service.
Customer

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?

LEF4U

Customer: replied 9 years ago.
I am a litte confused. We need to make sure that should a problem arise, we want him to be required to testify should the need arise. Would signing the statement tells us he would be required to testify? or the opposite.

Carol
Customer

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?

LEF4U

Customer: replied 9 years ago.
We made had an unintentional violation of our by-laws by hiring the wife of one of our board members as a contractor. As you can guess when we discovered the error there were some on the board who insisted we do something about it immediately. Someone came with the idea to add this to protect ourselves until such time as by-law review can be completed. The parties involved have no problem with signing such an agreement. But you are correct, it is confusing. Anything else I should know?

Thanks,
Carol

Carol,

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.

LEF4U

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