THE STATE OF NEW HAMPSHIRE

SUPREME COURT OF NEW HAMPSHIRE

O R D E R

 

Pursuant to Part II, Article 73-a of the New Hampshire Constitution and Supreme Court Rule 51, the Supreme Court of New Hampshire approves amendments to New Hampshire Rules of Evidence Rule 512 as set forth in Appendix A. The amendments set forth in Appendix A shall be effective on January 1, 2003.

October 15, 2002

                                                 ATTEST: ___________________________

                                                                 Eileen Fox, Clerk
                                                                 Supreme Court of New Hampshire

APPENDIX A

Amend Rule 512 of the Rules of Evidence by adding a new section (d) so that said rule, as amended, shall state as follows:

 

Rule 512. Comment Upon or Inference From Claim of

Privilege: Instruction

(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 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.

(d) Application -- Self-Incrimination. Subsections (a) to (c) do not apply in a non-criminal case with respect to the privilege against self-incrimination.