(a) Comment or inference not permitted. The claim of a privilege, whether in the present proceeding or upon a prior occasion,
is not a proper subject of comment by judge or counsel. No inference may be drawn therefrom.
(b) Claiming privilege without knowledge of jury. In jury cases, proceedings shall be conducted, to the extent practicable, so as to
facilitate the making of claims of privilege without the knowledge of the jury.
(c) Jury instruction. Upon request, any party exercising a privilege (1) is entitled to an instruction that
no inference may be drawn therefrom, or (2) is entitled to have no instruction on
the matter given to the jury. Conflicting requests among multiple parties shall be resolved by the court as justice
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
Was this helpful?
Response sent, thank you
Welcome to FindLaw's Cases & Codes
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.