2A:84A-31 - Reference to exercise of privileges
2A:84A-31.Ā Reference to exercise of privileges
Rule 39.
If a privilege is exercised not to testify or to prevent another from testifying, either in the action or with respect to particular matters, or to refuse to disclose or to prevent another from disclosing any matter, the judge and counsel may not comment thereon, no presumption shall arise with respect toĀ the exercise of the privilege, and the trier of fact may not draw any adverseĀ inference therefrom.Ā In those jury cases wherein the right to exercise aĀ privilege, as herein provided, may be misunderstood and unfavorable inferencesĀ drawn by the trier of the fact, or be impaired in the particular case, theĀ court, at the request of the party exercising the privilege, may instruct theĀ jury in support of such privilege.
L.1960, c. 52, p. 460, s. 31, eff. July 1, 1960.Ā Amended Sept. 14, 1979, eff. July 1, 1980.
Ā
Rule 39.
If a privilege is exercised not to testify or to prevent another from testifying, either in the action or with respect to particular matters, or to refuse to disclose or to prevent another from disclosing any matter, the judge and counsel may not comment thereon, no presumption shall arise with respect toĀ the exercise of the privilege, and the trier of fact may not draw any adverseĀ inference therefrom.Ā In those jury cases wherein the right to exercise aĀ privilege, as herein provided, may be misunderstood and unfavorable inferencesĀ drawn by the trier of the fact, or be impaired in the particular case, theĀ court, at the request of the party exercising the privilege, may instruct theĀ jury in support of such privilege.
L.1960, c. 52, p. 460, s. 31, eff. July 1, 1960.Ā Amended Sept. 14, 1979, eff. July 1, 1980.
Ā