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Current as of January 01, 2025 | Updated by Findlaw Staff
(1) 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.
(2) 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.
(3) Jury instruction. Upon request, any party against whom the jury might draw an adverse inference from a claim of privilege is entitled to an instruction that no inference may be drawn therefrom.
(4) Application; self-incrimination. Subsections (1) to (3) do not apply in a civil case with respect to the privilege against self-incrimination.
Cite this article: FindLaw.com - Wisconsin Statutes Evidence (Ch. 901 to 937) § 905.13. Comment upon or inference from claim of privilege; instruction - last updated January 01, 2025 | https://codes.findlaw.com/wi/evidence-ch-901-to-937/wi-st-905-13/
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 before relying on it for your legal needs.
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