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S.C. Code Ann. § 19-11-30

Competency of husband or wife of party as witness

Applied in 8 court decisions — leading case Trammel v. United States (1980)

Most recently applied in State v. Gutierrez (August 2019)

1962 Code SECTION 26-403; 1952 Code SECTION 26-403; 1942 Code SECTIONS 692, 1012; 1932 Code SECTIONS 692, 1012; Civ

How often courts cite this section

1980199020002010201920
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

In any trial or inquiry in any suit, action, or proceeding in any court or before any person having, by law or consent of the parties, authority to examine witnesses or hear evidence, no husband or wife may be required to disclose any confidential or, in a criminal proceeding, any communication made by one to the other during their marriage.

Notwithstanding the above provisions, a husband or wife is required to disclose any communication, confidential or otherwise, made by one to the other during their marriage where the suit, action, or proceeding concerns or is based on child abuse or neglect, the death of a child, or criminal sexual conduct involving a minor.

Official source: South Carolina Legislature. Reproduced from public-domain South Carolina statutes; confirm against the official source for the current text. Not legal advice.