Title 2A, Title 2A: ADMINISTRATION OF CIVIL AND CRIMINAL JUSTICE

2A:84A-20 Lawyer-client privilege. 21. Rule 26. (1) General rule. Subject to Rule 37 and except as otherwise provided by paragraph 2 of this rule communications between a lawyer and his client in the course of that relationship and in professional confidence, are privileged, and …

2A:84A-21. Newspaperman's privilege Rule 27. Subject to Rule 37, a person engaged on, engaged in, connected with, or employed by news media for the purpose of gathering, procuring, transmitting, compiling, editing or disseminating news for the general public or on whose behalf ne…

2A:84A-21.1. Criminal proceeding; Subpena; disclosure of information; application of act Where a newsperson is required to disclose information pursuant to a subpena issued by or on behalf of a defendant in a criminal proceeding, not including proceedings before administrative or…

2A:84A-21.10. Applications for search warrant; approval In the event a search warrant is sought pursuant to Section 1 of this act, all applications to the court for such warrants shall be approved in advance of their submission by the Attorney General or the prosecutor of the cou…

2A:84A-21.11. Civil cause of action for damages due to violations a. A person, corporation, partnership, proprietorship or other entity aggrieved by a search for or seizure of materials in violation of this act shall have a civil cause of action for damages for such search or sei…

2A:84A-21.12. Definitions As used in this act: a. "Documentary materials" means materials upon which information is recorded and includes, but is not limited to, written or printed materials, photographs, tapes, videotapes, negatives, films, outtakes and interview files. b. "Work…

2A:84A-21.13. Inapplicability of act to rights of department of corrections Nothing contained in this act shall be construed to limit the right of the Department of Corrections to search the offices of inmate newspapers or the public information offices of any inmate organization…

2A:84A-21.2. Time of proceedings Proceedings pursuant to this act shall take place before the trial, except that the court may allow a motion to institute proceedings pursuant to this act to be made during trial if the court determines that the evidence sought is newly discovered…

2A:84A-21.3. Prima facie showing subpenaed materials obtained during professional activities; waiver of privilege or other grounds for disclosure; hearing a. To sustain a claim of the newsperson's privilege under Rule 27 the claimant shall make a prima facie showing that he is en…

2A:84A-21.4. In camera inspection; hearing; determination of admissibility; order for production Upon a finding by the court that there has been a waiver as to any of the materials sought or that any of the materials sought meet the criteria set forth in subsection 3.b., the cour…

2A:84A-21.5. Hearings; findings of fact and conclusions of law After any hearing conducted by the court pursuant to section 3 or 4 hereof, the court shall make specific findings of fact and conclusions of law with respect to its rulings, which findings shall be in writing or set …

2A:84A-21.6. Appeals; stay of penalty; sealing of record; return of privileged material An interlocutory appeal taken from a decision to uphold or quash a subpena shall act as a stay of all penalties which may have been imposed for failure to comply with the court's order. The re…

2A:84A-21.7. Co-defendants; notice of proceedings; right to intervene Where proceedings are instituted hereunder by one of several co-defendants in a criminal trial, notice shall be provided to all of the co-defendants. Any co-defendant shall have the right to intervene if the co…

2A:84A-21.8. Assessment of costs or counsel fee If the court finds no reasonable basis for requesting the information has been shown, costs, including counsel fee, may be assessed against the party seeking enforcement of the subpena. Where an application for costs or counsel fee …

2A:84A-21.9. News media person or entity; freedom from searches and seizures of documentary materials; exceptions Any person, corporation, partnership, proprietorship or other entity engaged on, engaged in, connected with, or otherwise employed in gathering, procuring, transmitti…

2A:84A-21a. Definitions Unless a different meaning clearly appears from the context of this act, as used in this act: a. "News media" means newspapers, magazines, press associations, news agencies, wire services, radio, television or other similar printed, photographic, mechanica…

2A:84A-22 Marital privilege - confidential communications. 22. Marital privilege--Confidential communications. (1) Except as otherwise provided in this section, no person shall disclose any communication made in confidence between such person and his or her spouse or civil union …

2A:84A-22.1 Definitions. 1. As used in this act, (a) "patient" means a person who, for the sole purpose of securing preventive, palliative, or curative treatment, or a diagnosis preliminary to such treatment, of the patient's physical or mental condition, consults a physician, or…

2A:84A-22.10. Hospital or long-term health care facility committees; professional review committees; liability of members Any person who serves as a member of, is staff to, under a contract or other formal agreement with, participates with, or assists with respect to an action of…

2A:84A-22.13. Findings, declarations The Legislature finds and declares that: a. The emotional and psychological injuries that are inflicted on victims of violence are often more serious than the physical injuries suffered; b. Counseling is often a successful treatment to ease th…

2A:84A-22.14 Definitions. 3. As used in this act: a. "Act of violence" means the commission or attempt to commit any of the offenses set forth in subsection b. of section 11 of P.L.1971, c.317 (C.52:4B-11). b. "Confidential communication" means any information exchanged between a…

2A:84A-22.15 Victim counselor confidentiality privilege. 4. Subject to Rule 37 of the Rules of Evidence, a victim counselor has a privilege not to be examined as a witness in any civil or criminal proceeding with regard to any confidential communication. The privilege shall be cl…

2A:84A-22.16. Where disclosure required Nothing in this act shall be deemed to prevent the disclosure to a defendant in a criminal action of statements or information given by a victim to a county victim-witness coordinator, where the disclosure of the statements or information i…

2A:84A-22.17 Trauma counseling for emergency services personnel. 1. a. As used in this act: "Certified crisis assistance counselor" means a member of a law enforcement agency, emergency medical service unit, fire department or force, emergency communications provider, volunteer f…

2A:84A-22.18 Definitions. 1. As used in sections 1 and 2 of P.L.2022, c.51 (C.2A:84A-22.18 and C.2A:84A-22.19): "Person" includes an individual, partnership, association, limited liability company, or corporation. "Reproductive health care services" means all medical, surgical, c…

2A:84A-22.19 Disclosure of information, certain, expending of resources, certain, prohibited. 2. A public entity of this State or employee, appointee, officer or official or any other person acting on behalf of a public entity shall not provide any information or expend or use ti…

2A:84A-22.2. Patient and physician privilege Except as otherwise provided in this act, a person, whether or not a party, has a privilege in a civil action or in a prosecution for a crime or violation of the disorderly persons law or for an act of juvenile delinquency to refuse to…

2A:84A-22.3 No privilege relative to certain communications between patient, physician. 3. There is no privilege under this act as to any relevant communication between the patient and his physician (a) upon an issue of the patient's condition in an action to commit him or otherw…

2A:84A-22.4. Contract of patient; condition of patient is element of claim; nonprivileged communications There is no privilege under this act in an action in which the condition of the patient is an element or factor of the claim or defense of the patient or of any party claiming…

2A:84A-22.5. Information reported to public official; nonprivileged communications There is no privilege under this act as to information which the physician or the patient is required to report to a public official or as to information required to be recorded in a public office,…

2A:84A-22.6. Obtaining physician to aid commission of crime or tort, or to escape detection or apprehension; nonprivileged communications No person has a privilege under this act if the judge finds that sufficient evidence, aside from the communication has been introduced to warr…

2A:84A-22.7. Testimony by physician on request of holder of privilege; termination of privilege A privilege under this act as to a communication is terminated if the judge finds that any person while a holder of the privilege has caused the physician or any agent or servant of th…

2A:84A-22.8. Utilization review committees of certified hospital or extended care facility; exceptions Information and data secured by and in the possession of utilization review committees established by any certified hospital or extended care facility in the performance of thei…

2A:84A-22.9. Liability of member of utilization review committee for disclosure of information No member of a utilization review committee may be held liable for damages or otherwise prejudiced in any manner by reason of recommendations or findings made by said committee or for f…

2A:84A-23. Cleric-penitent privilege 23. Rule 511. Cleric-penitent privilege. Any communication made in confidence to a cleric in the cleric's professional character, or as a spiritual advisor in the course of the discipline or practice of the religious body to which the cleric b…

2A:84A-24. Religious belief Rule 30. Every person has a privilege to refuse to disclose his theological opinion or religious belief unless his adherence or nonadherence to such an opinion or belief is material to an issue in the action other than that of his credibility as a witn…

2A:84A-25. Political vote Rule 31. Every person has a privilege to refuse to disclose the tenor of his vote at a political election unless the judge finds that the vote was cast illegally. L.1960, c. 52, p. 459, s. 25, eff. July 1, 1960.

2A:84A-26. Trade secret Rule 32. The owner of a trade secret has a privilege, which may be claimed by him or his agent or employee, to refuse to disclose the secret and to prevent other persons from disclosing it if the judge finds that the allowance of the privilege will not ten…

2A:84A-27. Official information Rule 34. No person shall disclose official information of this State or of the United States (a) if disclosure is forbidden by or pursuant to any Act of Congress or of this State, or (b) if the judge finds that disclosure of the information in the …

2A:84A-28. Identity of informer Rule 36. A witness has a privilege to refuse to disclose the identity of a person who has furnished information purporting to disclose a violation of a provision of the laws of this State or of the United States to a representative of the State or …

2A:84A-29. Waiver of privilege by contract or previous disclosure; limitations Rule 37. A person waives his right or privilege to refuse to disclose or to prevent another from disclosing a specified matter if he or any other person while the holder thereof has (a) contracted with…

2A:84A-30. Admissibility of disclosure wrongfully compelled Rule 38. Evidence of a statement or other disclosure is inadmissible against the holder of the privilege if the disclosure was wrongfully made or erroneously required. L.1960, c. 52, p. 460, s. 30, eff. July 1, 1960.

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 jud…

2A:84A-32. Effect of error in overruling claim of privilege Rule 40. (1) A party may predicate error on a ruling disallowing a claim of privilege only if he is the holder of the privilege. (2) If a witness refuses to answer a question, under color of a privilege claimed pursuant …

2A:84A-32.1. Prosecutions involving rape; evidence of complaining witness' previous sexual conduct In prosecutions for the crime of rape, assault with intent to commit rape, and breaking and entering with intent to commit rape, evidence of the complaining witness' previous sexual…

2A:84A-32.2. Conduct one year or more prior to date of offense; presumption of inadmissibility In the absence of clear and convincing proof to the contrary, evidence of the complaining witness' sexual conduct occurring more than 1 year before the date of the offense charged is pr…