Rule 11-513 NMRA
Rule 11-513. Comment upon or inference from claim of privilege; instruction.
A. Comment or inference not permitted. Neither the court nor counsel may
comment when a privilege has been claimed at any time. No inference may be drawn
from any claim of privilege.
B. Claiming privilege without knowledge of jury. To the extent possible, the
court shall conduct jury trials to allow claims of privilege to be made without the jury’s
knowledge.
C. Jury instruction. Upon request, any party against whom the jury might draw an
adverse inference from a claim of privilege is entitled to a jury instruction that no
inference may be drawn from the claim of privilege.
D. Application; Self-Incrimination. Paragraphs A through C of this rule shall not
apply to a claim of the privilege against self-incrimination in a non-criminal proceeding.