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Tuesday, October 21, 2014

Evidence Rule 501

Rule 501. Privilege of Accused

N.J.S.A. 2A:84A-17provides:
(1) Every person has in any criminal action in which he is an accused a right not to be called as a witness and not to testify.

(2) The spouse or one partner in a civil union couple of the accused in a criminal action shall not testify in such action except to prove the fact of marriage or civil union unless (a) such spouse or partner consents, or (b) the accused is charged with an offense against the spouse or partner, a child of the accused or of the spouse or partner, or a child to whom the accused or the spouse or partner stands in the place of a parent, or (c) such spouse or partner is the complainant.

(3) An accused in a criminal action has no privilege to refuse when ordered by the judge, to submit his body to examination or to do any act in the presence of the judge or the trier of the fact, except to refuse to testify.

HISTORY:Adopted September 15, 1992 to be effective July 1, 1993; section 2A:84A-17 amended by the Legislature, L. 1992, c. 142, 1, eff. Nov. 17, 1992; L. 2006, c. 103, 90, eff. Feb. 19, 2007.

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