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

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…

2A:84A-32.3. Complaining witness defined As used in this act "complaining witness" means the alleged victim of the crime charged, the prosecution of which is subject to this act. L.1976, c. 71, s. 3, eff. Aug. 26, 1976.

2A:84A-32.4 Prosecutions, certain actions, closed circuit testimony. 1. a. (1) In prosecutions for aggravated sexual assault, sexual assault, aggravated criminal sexual contact, criminal sexual contact, human trafficking involving sexual activity, a crime involving domestic viole…

2A:84A-32a Motion for performance of forensic DNA testing, certain circumstances. 1. a. Any eligible person may make a motion before the trial court that entered the judgment of conviction for the performance of forensic DNA testing. (1) The motion shall be verified by the eligib…

2A:84A-32b Rules. 3. The Supreme Court of New Jersey may adopt rules appropriate and necessary to effectuate the purpose of this act. L.2001,c.377,s.3.

2A:84A-32c Procedures for DNA testing at accredited non-NDIS participating laboratory. 2. a. If a party seeks to conduct DNA testing at an accredited non-NDIS participating laboratory that otherwise meets the requirements set forth in paragraphs (1) and (2) of subsection e. of se…

2A:84A-32d Construction of act. 3. Nothing in P.L.2015, c.127 (C.2A:84A-32c et al.) shall be construed to: a. create a right, obligation, or requirement regarding the preservation of evidence, including evidence that may contain a biological sample; b. provide a basis for a remed…

2A:84A-32e Findings, declarations relative to preservation of biological evidence. 1. The Legislature finds and declares that: a. The value of properly preserved biological evidence has been enhanced by the discovery of modern DNA testing methods, which, coupled with a comprehens…

2A:84A-32f Definitions relative to the preservation of biological evidence. 2. For the purposes of this act: "Biological evidence" means any item that contains blood, semen, hair, saliva, skin tissue, fingernail scrapings, bone, bodily fluids, or other identifiable biological mat…

2A:84A-32g Preservation of biological evidence. 3. a. Every law enforcement or prosecuting agency shall preserve any biological evidence secured in relation to an investigation or prosecution of a crime while: (1) The crime remains unsolved; or (2) The person convicted of that cr…

2A:84A-32h Responsibilities of the director. 4. The director shall: (1) Devise standards regarding the proper collection, retention and cataloguing of biological evidence for ongoing investigations and prosecutions; (2) Recommend practices, protocols, models, and resources for ca…

2A:84A-32i Violations, disorderly persons offense. 5. Any person who by virtue of employment, or official position, has possession of, or access to, biological evidence and destroys that evidence in violation of the provisions of this act is guilty of a disorderly person's offens…

2A:84A-32j Guidelines, procedures. 6. The Attorney General shall promulgate guidelines and procedures governing the preservation of biological evidence as required by this act. L.2017, c.248, s.6.

2A:84A-33. Authority of Supreme Court The Supreme Court may adopt rules dealing with the admission or rejection of evidence, in accordance with the procedures set forth in this article. L.1960, c. 52, p. 461, s. 33, eff. June 20, 1960.

2A:84A-34. Presentation of proposed rules at Judicial Conference The subject matter and a tentative draft of a rule or rules proposed to be adopted pursuant to this article shall be entered upon the agenda and discussed at a Judicial Conference whose membership shall at least inc…

2A:84A-35. Public announcement of proposed rules; delivery of copies The proposed rule or rules shall be publicly announced by the Supreme Court on September 15 next following such Judicial Conference (or, if such day be a Saturday, Sunday or legal holiday, on the first day there…

2A:84A-36. Effective date of rules; rules subject to cancellation by joint resolution The rule or rules so announced and delivered shall take effect on July 1 next following; provided, however, that all such rules shall remain subject to cancellation at any time up to such effect…

2A:84A-37. Change or cancellation of rules by statute or adoption of subsequent rules Any rule or rules so proposed or adopted shall be subject to change or cancellation at any time by statute or by a subsequent rule adopted pursuant to this article. L.1960, c. 52, p. 462, s. 37,…

2A:84A-38. Adoption of rules at such time, or with such effective date, or without presentation at Judicial Conference, as may be provided in joint resolution By joint resolution adopted by the Senate and General Assembly and signed by the Governor with respect to a particular ru…

2A:84A-39. Reduction or elimination of time during which rules may be canceled by joint resolution By joint resolution adopted by the Senate and General Assembly and signed by the Governor with respect to a particular rule or rules therein specified, the period of time provided i…

2A:84A-40. Effect of rules on conflicting laws All previous laws or parts of laws dealing with the admission or rejection of evidence which shall be expressly identified by footnote to any rule so adopted, and which shall be a conflict or inconsistent with such rule or rules, or …

2A:84A-41. Rules not to abridge, enlarge or modify substantive rights or eliminate right of trial by jury No rule adopted pursuant to this article shall abridge, enlarge or modify any substantive right or eliminate the right of trial by jury. L.1960, c. 52, p. 462, s. 41, eff. Ju…

2A:84A-42. Applicability of rules to pending proceedings or existing rights or remedies No rule adopted pursuant to this article shall be made applicable to pending proceedings or to existing rights or remedies except to the extent that such application is fair and practicable, a…

2A:84A-43. Publication of compilations and restatements of rules To the end that rules dealing with evidence may be conveniently presented and arranged, the Supreme Court may publish compilations and restatements thereof which may include, in addition to such rules as may be adop…

2A:84A-44. Force and effect of existing rules dealing with admission or rejection of evidence All rules of court heretofore promulgated and which may deal with the admission or rejection of evidence shall be deemed to have the same force and effect as though they had been adopted…

2A:84A-45. Repeals The following acts and parts of acts and all amendments and supplements thereto are hereby repealed: Sections 2A:81-3, 2A:81-5, 2A:81-7, 2A:81-9 and 2A:81-10 of Title 2A of the New Jersey Statutes. L.1960, c. 52, p. 465, s. 49, eff. July 1, 1960.

2A:84A-47. Effect of repeals No repeal effected by this act shall operate to revive any statute heretofore repealed nor to impair the obligation of contracts made before the effective date hereof, nor to deprive a party of any remedy for enforcing a contract which existed when th…

2A:84A-48. Short title This act shall be known and may be cited as "The Evidence Act, 1960." L.1960, c. 52, p. 465, s. 52, eff. July 1, 1960.