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During marriage, Husband privately told Wife, "I hid the counterfeit checks in the garage." Husband and Wife later divorced. In Husband's federal criminal trial, prosecutors call Wife to testify about the private statement. Husband objects.
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The statement is protected only if it was written. The statement is protected even if made in front of several friends. The statement is protected only if the witness-spouse refuses to testify. The private statement made during marriage may be protected by the confidential marital communications privilege even after divorce.

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