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COMMENTS REGARDING MODEL CODE OF EVIDENCE, BOOK 1 [i] (1939)

handle is hein.ali/alievidence0038 and id is 1 raw text is: / .4 , / . L¢,J / / , I , , , /. .1 (! 1' (.1. ' - / - Rls 39. (1) As used in this Rule, Aa) spoubes moars a man and woman who are legally married ana are. cohabiting as husband and wifel (b) oamnicating spousemeans the spouse who transmIts to the other spouse the itnformation which constitutes a confidential cominication; (o) confilential communication between spouses menne informa- tion transmitted by a voluntaxr act of disclosure of one aouse to the othow in confidence and by a means which de dot9 ts - v /L 4'j 4; X 4.dun1 )L A~tli coumowdating spouse disclose the information to w tnird parson; (d) holder of the privilege means the commuicatlng spouse * ,..A(.',>,?,1 while alive and not under gwxdLanship, and the personal .', ~, r' epresentative of i deceased commnicating spouse, and the duly appointeds qualified and acting guardian of the person of a communicating spouse. (2) %uject to sections (5) to (9), both inolusiveoof this Rule, a itness has a privilege to refuse to disclose a oommunication, if he claims the privilege anA the juge finds that * - (a) the commnication was a confidential communication between spouses, and (b) the witness is the holder of the yriLiiegs. (3) Subject to sections (5) to (9)9 both inclusive, of this Rule, a party to an action has a privilege that a witness shall not disclose a communication, If he claims the privilege and the L~~Aj Jxuro finds that 4 (a) the communication was a confidential commiudatios between , , , j I:,. /' '~ j' . - ( ) the party is the holder of the privilege, . ./ , . ,, 1 . / i,.,,, i ( / ,,,

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