52:17B-88.5 - Priority of action; summary nature of action; permission granted or denied - New Jersey Statutes

52:17B-88.5.  Priority of action;  summary nature of action;  permission granted or denied
    Any action brought pursuant to the provisions of this act shall have preference over all other cases and shall be determined summarily upon the petition and oral or written proof, if any, offered by the parties.  The court shall permit the autopsy or dissection to be performed if it finds that the medical examiner establish a compelling public necessity for the autopsy or dissection under all of the circumstances of the case or if the objecting party  or party named by the court fails to swear or affirm that an autopsy or dissection would be contrary to the deceased's religious beliefs.  If permission to perform an autopsy or dissection is denied and no stay is granted  by the court or by the appellate division, the body shall immediately be  released for burial.

     L.1983, c. 535, s. 5.