2A:84A-31 - Reference to exercise of privileges - New Jersey Statutes

2A:84A-31.  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 to  the exercise of the privilege, and the trier of fact may not draw any adverse  inference therefrom.  In those jury cases wherein the right to exercise a  privilege, as herein provided, may be misunderstood and unfavorable inferences  drawn by the trier of the fact, or be impaired in the particular case, the  court, at the request of the party exercising the privilege, may instruct the  jury in support of such privilege.

     L.1960, c. 52, p. 460, s. 31, eff. July 1, 1960.  Amended Sept. 14, 1979, eff. July 1, 1980.