Rule 11-513 NMRA

Rule 11-513. Comment upon or inference from claim of privilege; instruction.

Last amended: 2023Year: 2023Length: 124 wordsOfficial source
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.
Rule 11-513 NMRA: Rule 11-513. Comment upon or inference from claim of privilege; instruction. | Justis AI