reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:82-4.3 - Limitations of actions; burden of proof

2A:82-4.3. Limitations of actions; burden of proof
In any proceeding upon a foreign judgment, including a judgment of any court out of this State, the plaintiff, or person seeking to enforce the judgment shall have the burden of proving that the underlying cause of action which gave rise to the awarding of the foreign judgment was commenced in the foreign jurisdiction within the period required by statute of this State for the commencement of a like action in this State.
L.1983, c. 350, s. 3, eff. Sept. 29, 1983.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:82-4.4 - Award; interest; penalties

2A:82-4.4. Award; interest; penalties
A court, in any proceeding upon a foreign judgment, including a judgment of any court out of this State, may award judgment for the plaintiff, or person seeking to effect the judgment, including any interest on the judgment, but shall not include as a part thereof any penalty, whether of a penal nature or otherwise, imposed in connection with the foreign judgment.
L.1983, c. 350, s. 4, eff. Sept. 29, 1983.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:82-4.5 - Judgments governed by Revised Uniform Reciprocal Enforcement of Support Act; inapplicability of act

2A:82-4.5. Judgments governed by Revised Uniform Reciprocal Enforcement of Support Act; inapplicability of act
The provisions of this act shall not be applicable to a foreign judgment governed by the "Revised Uniform Reciprocal Enforcement of Support Act (1968)," P.L.1981, c. 243 (C. 2A:4-30.24 et seq.).
L.1983, c. 350, s. 5, eff. Sept. 29, 1983.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:82-4.6 - Severability

2A:82-4.6. Severability
If any one or more sections, clauses, sentences or parts of this act shall for any reason be questioned in any court, and shall be adjudged unconstitutional or invalid, that judgment shall not affect, impair or invalidate the remaining provisions hereof, but shall be confined in its operation to the specific provisions held unconstitutional or invalid.
L.1983, c. 350, s. 6, eff. Sept. 29, 1983.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:82-4.7 - Meaning of "any proceeding upon a foreign judgment, including a judgment of any court out of this state"

2A:82-4.7. Meaning of "any proceeding upon a foreign judgment, including a judgment of any court out of this state"
As used in this act, "any proceeding upon a foreign judgment, including a judgment of any court out of this State" means a judgment under the Philadelphia Wage and Net Profits Tax Ordinance (City Code Section 19-508).
L.1983, c. 350, s. 7, eff. Sept. 29, 1983.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:82-5 - Record used to refresh memory

2A:82-5. Record used to refresh memory
When a notary public or any other person authorized to protest instruments under the laws of this state is called upon to testify concerning a protest made by him, he may, to refresh his memory, refer to the record thereof kept by him as required by law.
L.1951 (1st SS), c.344.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:82-6 - Copies of record of protest as evidence

2A:82-6. Copies of record of protest as evidence
If it appears that the notary or other officer of this state by whom any bill of exchange or promissory note was protested has died or removed from the state or, after diligent inquiry, his place of residence cannot be discovered, the record deposited in the county clerk's office, as required by section 7:5-5 of the title Bills, Notes and Checks, of the Revised Statutes, or a copy thereof certified by such clerk, shall be received as competent evidence of the matter contained in such record.
When the register or other book of any notary public appointed and qualified under the laws of any state of the United States containing a record of the official acts of such notary public by him done in pursuance of his office is, in pursuance of the law of such state, by reason of the death, removal or other disability of the notary public, deposited in the office of the clerk, prothonotary or recorder of deeds of the city, town or county in which the notary public resided at the time of his acting as notary public, a copy of the record or of any part thereof respecting the protesting of any note or bill of exchange protested by the notary public, and the time when, place where and upon whom demand of acceptance or payment was made, with a copy of the notice of nonacceptance or nonpayment (if a copy of the notice shall appear on said record), how the notice of nonacceptance or nonpayment was served, and the time when, or if sent, in what manner, and the time when, and to whom, duly certified under the hand and seal of such clerk, prothonotary or recorder of deeds, or otherwise proved to be truly taken from said record, shall be held and received in all the courts of this state as competent evidence of the facts therein recited, and also of the official character of the notary public. When it shall appear from such record that the said note or bill of exchange had been protested for want of acceptance or payment thereof, and that the said notary public making such protest had duly notified the drawer or indorsers, by mail, of the demand of payment or acceptance and refusal thereof, without specifying the names or the post office address of such drawer or indorsers, the copy of the record certified or proved as aforesaid, shall be held and received in all courts of this state as competent evidence that the drawer and indorsers of such note or bill of exchange were duly notified of such demand and refusal.
L.1951 (1st SS), c.344
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:82-7 - Certificate of protest as evidence

2A:82-7. Certificate of protest as evidence
The certificate of a notary public of this state or of any other state of the United States, under his hand and official seal accompanying any bill of exchange or promissory note which has been protested by such notary for nonacceptance or nonpayment, shall be received in all the courts of this state as competent evidence of the official character of such notary, and also of the facts therein certified as to the presentment and dishonor of such bill or note and of the time and manner of giving or sending notice of dishonor to the parties to such bill or note.
L.1951 (1st SS), c.344.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:82-13 - Presumption of publication of ordinance according to law

2A:82-13. Presumption of publication of ordinance according to law
Whenever any ordinance of any municipality may come in question or is produced in evidence, the publication thereof according to law shall be presumed to have been had until the contrary is shown.
L.1951 (1st SS), c.344.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:82-17 - Certificates of acknowledgment or proof of instruments as evidence of execution thereof

2A:82-17. Certificates of acknowledgment or proof of instruments as evidence of execution thereof
If any instrument heretofore made and executed or hereafter to be made and executed shall have been acknowledged, by any party who shall have executed it, or the execution thereof by such party shall have been proved by one or more of the subscribing witnesses to such instrument, in the manner and before one of the officers provided and required by law for the acknowledgment or proof of instruments in order to entitle them to be recorded, and, when a certificate of such acknowledgment or proof shall be written upon or under, or be annexed to such instrument and signed by such officer in the manner prescribed by law, such certificate of acknowledgment or proof shall be and constitute prima facie evidence of the due execution of such instrument by such party. Such instrument shall be received in evidence in any court or proceeding in this state in the same manner and to the same effect as though the execution of such instrument by such party had been proved by other evidence.
L.1951 (1st SS), c.344.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:82-18 - Certification or authentication of instruments not acknowledged or proved; effect as evidence

2A:82-18. Certification or authentication of instruments not acknowledged or proved; effect as evidence
If any instrument heretofore made and executed or hereafter to be made and executed, although not acknowledged or proved, shall have been certified or authenticated, as to the execution thereof by any party thereto, in any manner which may be prescribed by law in order to entitle such instrument to be recorded in any public office of this state without a certificate of acknowledgment or proof thereof, such certification or authentication shall be and constitute prima facie evidence of the due execution of such instrument by such party. Such instrument shall be received in evidence in any court or proceeding in this state, in the same manner and to the same effect as though the execution of such instrument by such party had been proved by other evidence.
L.1951 (1st SS), c.344
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:82-19 - Exemplifications and records of certain foreign deeds or writings as evidence

2A:82-19. Exemplifications and records of certain foreign deeds or writings as evidence
The exemplification of any deeds or writings relating to estates, real or personal, within the state of New Jersey, proved and certified under the city seal of London or Edinburgh, in the kingdom of Great Britain, or under the seal of the city of Dublin, in the kingdom of Ireland, or under the great seal of any British colony in America, prior to July 4th, 1776, and any of the public books of records or registers of the province of New Jersey, or of either of the divisions thereof, prior to that date, shall be received in evidence in any court of record within this state as fully as if the originals were then and there produced and proved.
L.1951 (1st SS), c.344.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:82-23 - Original instruments produced; notice to adverse party

2A:82-23. Original instruments produced; notice to adverse party
Any party to any cause pending in any court of this state, or to any proceeding in this state, may give, to any opposite party or his attorney at least 10 days before the time appointed for the trial or hearing of such cause or proceeding, notice in writing that such opposite party will be required to produce, at such trial or hearing, the original instead of the record or transcript of the record of any instrument or of any copy of any instrument recorded or registered in any public office of this state pursuant to law, which he may think proper to offer or introduce in evidence at such trial or hearing. After the giving of such notice, no record or transcript of the record of any such instrument or of any such copy of any instrument shall be received in evidence, until proof shall be made, satisfactory to the court or officer before whom such record or transcript is offered, that the original instrument has been lost or unintentionally destroyed, or that after diligent search and inquiry made, such party has been unable to find the original or that such original is without the control of such party and that the production thereof cannot be compelled by due process.
L.1951 (1st SS), c.344
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:82-24 - Certifications, notations or records of time of record, etc., of instruments as prima facie proof of date of record, etc., thereof

2A:82-24. Certifications, notations or records of time of record, etc., of instruments as prima facie proof of date of record, etc., thereof
The certification or notation made, pursuant to law, by any public officer upon any instrument or document which shall have been recorded, registered or filed in his office, setting forth the date and time of day when such instrument shall have been so recorded, registered or filed, or any record kept by any public officer pursuant to law of the date and time of day of the recording, registering or filing of any instrument or document in his office, shall be received in evidence in all courts and proceedings, in this state, as prima facie proof of the date and time of day of the recording, registering or filing of such instrument.
L.1951 (1st SS), c.344
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:82-38 - Photographic, photostatic, etc., copies as competent evidence

2A:82-38. Photographic, photostatic, etc., copies as competent evidence
If any business, institution, member of a profession or calling, or any department or agency of government, in the regular course of business or activity has kept or recorded any memorandum, writing, entry, print, representation or combination thereof, of any act, transaction, occurrence or event, and in the regular course of business has caused any or all of the same to be recorded, copied or reproduced by any photographic, photostatic, microfilm, microcard, miniature photographic, or other process which accurately reproduces or forms a durable medium for so reproducing the original, the original may be destroyed in the regular course of business unless its preservation is required by law. Such reproduction, when satisfactorily identified, is as admissible in evidence as the original itself in any judicial or administrative proceeding whether the original is in existence or not and an enlargement or facsimile of such reproduction is likewise admissible in evidence if the original reproduction is in existence and available for inspection under direction of court. The introduction of a reproduced record, enlargement or facsimile, does not preclude admission of the original.
L.1951 (1st SS), c.344; amended by L.1964, c. 34, s. 1.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:82-41 - Person against whom claim is asserted; right of examination

2A:82-41. Person against whom claim is asserted; right of examination
Any person against whom a claim is asserted for compensation or damages for personal injuries or death resulting from personal injuries, either under the workmen's compensation act of the state of New Jersey, chapter fifteen of Title 34 of the Revised Statutes, or at law, or his insurance carrier, shall be permitted to examine the records of a hospital in reference to such injured or deceased person.
L.1951 (1st SS), c.344.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:82-42 - Injured person or claimant; right of examination

2A:82-42. Injured person or claimant; right of examination
Any person who has been injured, or his legal representative, who has asserted, or who is about to assert a claim for compensation or damages for personal injuries or death resulting therefrom, shall be permitted to examine the records of any hospital pertaining to the claim of such injured or deceased person.
L.1951 (1st SS), c.344.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:82-43 - Attorneys and agents; application of law

2A:82-43. Attorneys and agents; application of law
The provisions of sections 2A:82-41 and 2A:82-42 of this title shall apply not only to such claimant, or person against whom such claim has been asserted and his insurance carrier, but also to their respective attorneys and duly authorized agents, subject to reasonable rules and regulations promulgated by any such hospital.
L.1951 (1st SS), c.344.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:82-44 - No liability for permitting examination

2A:82-44. No liability for permitting examination
No hospital, and no officer or employee of any hospital shall be liable in any action for damages in any court by reason of permitting the examination of such hospital's records under the provisions of this article.
L.1951 (1st SS), c.344.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:82-45 - Definition of hospital

2A:82-45. Definition of hospital
For the purpose of this article, a hospital shall be defined as any association, corporation or other institution maintaining a hospital for public use in this state, supported in whole or in part by private charity, or owned, operated and maintained by any individual, firm, corporation, municipal or county board or body, or the state of New Jersey.
L.1951 (1st SS), c.344.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:82-46 - Disclosure of identity of victims of certain crimes under age 18 prohibited.

2A:82-46 Disclosure of identity of victims of certain crimes under age 18 prohibited.
1. Disclosure of identity of victims of certain crimes under age 18 prohibited.
a. In prosecutions for aggravated sexual assault, sexual assault, aggravated criminal sexual contact, criminal sexual contact, human trafficking involving sexual activity, a crime involving domestic violence as defined in section 3 of P.L.1991, c.261 (C.2C:25-19) which involves sexual activity, endangering the welfare of children under N.J.S.2C:24-4, abuse or neglect of a child pursuant to R.S.9:6-3, or in any action alleging an abused or neglected child under P.L.1974, c.119 (C.9:6-8.21 et seq.), the name, address, and identity of a victim who was under the age of 18 at the time of the alleged commission of an offense shall not appear on the indictment, complaint, or any other public record as defined in P.L.1963, c.73 (C.47:1A-1 et seq.). In its place initials or a fictitious name shall appear.
b. Any report, statement, photograph, court document, indictment, complaint or any other public record which states the name, address and identity of a victim shall be confidential and unavailable to the public. Unless authorized pursuant to subsection c. of this section, any person who purposefully discloses, releases or otherwise makes available to the public any of the above-listed documents which contain the name, address and identity of a victim who was under the age of 18 at the time of the alleged commission of an offense enumerated in subsection a. of this section shall be guilty of a disorderly persons offense.
c. The information described in this section shall remain confidential and unavailable to the public unless the court, after a hearing, determines that good cause exists for disclosure. The hearing shall be held after notice has been made to the victim, parents of victim, spouse, partner in a civil union or other person legally responsible for the maintenance and care of the victim, and to the person charged with the commission of the offense, counsel or guardian of that person.
d. Nothing contained herein shall prohibit the court from imposing further restrictions with regard to the disclosure of the name, address, and identity of the victim when it deems it necessary to prevent trauma or stigma to the victim.
L.1989, c.336, s.1; amended 2017, c.205, s.2.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:83-1 - Value of real estate

2A:83-1. Value of real estate
In any action or proceeding for the acquisition or sale of land, or any interest or interests therein, or on review of the assessment for taxes of any real property, or in any action or proceeding in the Tax Court, any person offered as a witness in any such action or proceeding shall be competent to testify as to sales of comparable land, including any improvements thereon, contiguous or adjacent to the land in question, or in the vicinity or locality thereof, or otherwise comparable, from information or knowledge of such sales, obtained from the owner, seller, purchaser, lessee or occupant of such comparable land, or from information obtained from the broker or brokers or attorney or attorneys who negotiated or who are familiar with or cognizant of such sales, which testimony when so offered, shall be competent and admissible evidence in any such action or proceeding.
In any action or proceeding in the Tax Court, the realty transfer fee, if any, paid upon the recording of any deed or other instrument of conveyance as well as the consideration or sales price stated therein or in the affidavit of consideration attached to and filed with any such deed or instrument shall be admitted as prima facie evidence of the true consideration or sales price of the said property.
This section shall not be construed to apply to any action or proceeding instituted by any individual or private corporation authorized to take property for public use where compensation must first be made to the owner thereof.
L.1951 (1st SS), c.344; amended by L.1979, c. 114, s. 14, eff. July 1, 1979.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:83-4 - Finding of presumed death under federal statute as presumptive evidence

2A:83-4. Finding of presumed death under federal statute as presumptive evidence
A written finding of presumed death, made by the secretary of war, the secretary of the navy, the United States maritime war emergency board, or other officer or employee of the United States authorized to make such finding, pursuant to the federal missing persons act, as now or hereafter amended, or a duly certified copy of such finding, shall be received in any court, office or other place in this state as presumptive evidence of the death of the person therein found to be dead, and the date, circumstances and place of his disappearance.
L.1951 (1st SS), c.344
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:83-5 - Official record or report as evidence that person is missing, interned, etc.

2A:83-5. Official record or report as evidence that person is missing, interned, etc.
An official written report or record, or duly certified copy thereof, that a person is missing, missing in action, interned in a neutral country, or beleagured, besieged or captured by an enemy, or is dead, or is alive, made by such board or by any officer or employee of the United States authorized by the federal act referred to in this article or by any other law of the United States to make same, shall be received in any court, office or other place in this state as presumptive evidence that such person is missing, missing in action, interned in a neutral country, or beleagured, besieged or captured by an enemy, or is dead, or is alive, as the case may be.
L.1951 (1st SS), c.344.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:83-6 - Signature and certification deemed prima facie evidence

2A:83-6. Signature and certification deemed prima facie evidence
For the purposes of this article, any finding, report or record, or duly certified copy thereof, purporting to have been signed by such board, or by such an officer or employee of the United States, as is described in this article, shall prima facie be deemed to have been signed and issued by such an officer or employee pursuant to law, and the person signing same shall prima facie be deemed to have acted within the scope of his authority. If a copy purports to have been certified by a person authorized by law to certify the same, such certified copy shall be prima facie evidence of his authority so to certify.
L.1951 (1st SS), c.344.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:84-1 - Stenographic reporter in proceedings on request

2A:84-1. Stenographic reporter in proceedings on request
In all proceedings had before any official, tribunal, board or governing body of this state, where not otherwise provided for by law, the official, tribunal, board or governing body shall, upon request of either party to the proceeding and at the expense of the requesting party, designate a competent stenographic reporter, who shall be duly sworn, to report verbatim the proceeding, excepting the arguments of counsel.
L.1951 (1st SS), c.344.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:84-2 - Transcription of record of proceeding; compensation

2A:84-2. Transcription of record of proceeding; compensation
The stenographer so designated shall, upon request, transcribe into typewriting the record of the proceeding upon payment to him therefor at the rate of 10 cents for each folio.
L.1951 (1st SS), c.344.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:84A-16.1 - Dolls as testimonial aids

2A:84A-16.1. Dolls as testimonial aids
In prosecutions for those crimes described in sections 2C:14-2, 2C:14-3 and 2C:24-4 of the New Jersey Statutes, where the complaining witness is a child under the age of 16, the court shall permit the use of anatomically correct dolls, models or similar items of either or both sexes to assist the child's testimony.
L. 1985, c. 205, s. 1, eff. June 27, 1985.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:84A-17 - Privilege of accused.

2A:84A-17 Privilege of accused.
2A:84A-17. Privilege of accused.
(1) Every person has in any criminal action in which he is an accused a right not to be called as a witness and not to testify.
(2) The spouse or one partner in a civil union couple of the accused in a criminal action shall not testify in such action except to prove the fact of marriage or civil union unless (a) such spouse or partner consents, or (b) the accused is charged with an offense against the spouse or partner, a child of the accused or of the spouse or partner, or a child to whom the accused or the spouse or partner stands in the place of a parent, or (c) such spouse or partner is the complainant.
(3) An accused in a criminal action has no privilege to refuse when ordered by the judge, to submit his body to examination or to do any act in the presence of the judge or the trier of the fact, except to refuse to testify.
L.1960, c.52, s.17; amended 1992, c.142, s.1; 2006, c.103, s.90.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:84A-18 - Definition of incrimination

2A:84A-18. Definition of incrimination
Rule 24.
Within the meaning of this article, a matter will incriminate (a) if it constitutes an element of a crime against this State, or another State or the United States, or (b) is a circumstance which with other circumstances would be a basis for a reasonable inference of the commission of such a crime, or (c) is a clue to the discovery of a matter which is within clauses (a) or (b) above; provided, a matter will not be held to incriminate if it clearly appears that the witness has no reasonable cause to apprehend a criminal prosecution. In determining whether a matter is incriminating under clauses (a), (b) or (c) and whether a criminal prosecution is to be apprehended, other matters in evidence, or disclosed in argument, the implications of the question, the setting in which it is asked, the applicable statute of limitations and all other factors, shall be taken into consideration.
L.1960, c. 52, p. 455, s. 18, eff. July 1, 1960.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:84A-19 - Self-incrimination; exceptions

2A:84A-19. Self-incrimination; exceptions
Rule 25.
Subject to Rule 37, every natural person has a right to refuse to disclose in an action or to a police officer or other official any matter that will incriminate him or expose him to a penalty or a forfeiture of his estate, except that under this rule:
(a) no person has the privilege to refuse to submit to examination for the purpose of discovering or recording his corporal features and other identifying characteristics or his physical or mental condition;
(b) no person has the privilege to refuse to obey an order made by a court to produce for use as evidence or otherwise a document, chattel or other thing under his control if some other person or a corporation or other association has a superior right to the possession of the thing ordered to be produced;
(c) no person has a privilege to refuse to disclose any matter which the statutes or regulations governing his office, activity, occupation, profession or calling, or governing the corporation or association of which he is an officer, agent or employee, require him to record or report or disclose except to the extent that such statutes or regulations provide that the matter to be recorded, reported or disclosed shall be privileged or confidential;
(d) subject to the same limitations on evidence affecting credibility as apply to any other witness, the accused in a criminal action or a party in a civil action who voluntarily testifies in the action upon the merits does not have the privilege to refuse to disclose in that action, any matter relevant to any issue therein.
L.1960, c. 52, p. 455, s. 19, eff. July 1, 1960.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:84A-20 - Lawyer-client privilege.

2A:84A-20 Lawyer-client privilege.
21. Rule 26.
(1) General rule. Subject to Rule 37 and except as otherwise provided by paragraph 2 of this rule communications between a lawyer and his client in the course of that relationship and in professional confidence, are privileged, and a client has a privilege (a) to refuse to disclose any such communication, and (b) to prevent his lawyer from disclosing it, and (c) to prevent any other witness from disclosing such communication if it came to the knowledge of such witness (i) in the course of its transmittal between the client and the lawyer, or (ii) in a manner not reasonably to be anticipated, or (iii) as a result of a breach of the lawyer-client relationship, or (iv) in the course of a recognized confidential or privileged communication between the client and such witness. The privilege shall be claimed by the lawyer unless otherwise instructed by the client or his representative; the privilege may be claimed by the client in person, or if the client is incapacitated or deceased, by his guardian or personal representative. Where a corporation or association is the client having the privilege and it has been dissolved, the privilege may be claimed by its successors, assigns, or trustees in dissolution.
(2) Exceptions. Such privilege shall not extend (a) to a communication in the course of legal service sought or obtained in aid of the commission of a crime or a fraud, or (b) to a communication relevant to an issue between parties all of whom claim through the client, regardless of whether the respective claims are by testate or intestate succession or by inter vivos transaction, or (c) to a communication relevant to an issue of breach of duty by the lawyer to his client, or by the client to his lawyer. Where 2 or more persons have employed a lawyer to act for them in common, none of them can assert such privilege as against the others as to communications with respect to that matter.
(3) Definitions. As used in this rule (a) "client" means a person or corporation or other association that, directly or through an authorized representative, consults a lawyer or the lawyer's representative for the purpose of retaining the lawyer or securing legal service or advice from him in his professional capacity; and includes a person who is incapacitated whose guardian so consults the lawyer or the lawyer's representative on behalf of the person who is incapacitated, (b) "lawyer" means a person authorized, or reasonably believed by the client to be authorized to practice law in any State or nation the law of which recognizes a privilege against disclosure of confidential communications between client and lawyer. A communication made in the course of the relationship between lawyer and client shall be presumed to have been made in professional confidence unless knowingly made within the hearing of some person whose presence nullified the privilege.
L.1960, c.52, s.20; amended 2013, c.103, s.16.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:84A-21 - Newspaperman's privilege

2A:84A-21. Newspaperman's privilege
Rule 27.
Subject to Rule 37, a person engaged on, engaged in, connected with, or employed by news media for the purpose of gathering, procuring, transmitting, compiling, editing or disseminating news for the general public or on whose behalf news is so gathered, procured, transmitted, compiled, edited or disseminated has a privilege to refuse to disclose, in any legal or quasi-legal proceeding or before any investigative body, including, but not limited to, any court, grand jury, petit jury, administrative agency, the Legislature or legislative committee, or elsewhere.
a. The source, author, means, agency or person from or through whom any information was procured, obtained, supplied, furnished, gathered, transmitted, compiled, edited, disseminated, or delivered; and
b. Any news or information obtained in the course of pursuing his professional activities whether or not it is disseminated.
The provisions of this rule insofar as it relates to radio or television stations shall not apply unless the radio or television station maintains and keeps open for inspection, for a period of at least 1 year from the date of an actual broadcast or telecast, an exact recording, transcription, kinescopic film or certified written transcript of the actual broadcast or telecast.
L.1960, c. 52, p. 458, s. 21, eff. July 1, 1960. Amended by L. 1977, c. 253, s. 1, eff. Oct. 5, 1977.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:84A-21a - Definitions

2A:84A-21a. Definitions
Unless a different meaning clearly appears from the context of this act, as used in this act:
a. "News media" means newspapers, magazines, press associations, news agencies, wire services, radio, television or other similar printed, photographic, mechanical or electronic means of disseminating news to the general public.
b. "News" means any written, oral or pictorial information gathered, procured, transmitted, compiled, edited or disseminated by, or on behalf of any person engaged in, engaged on, connected with or employed by a news media and so procured or obtained while such required relationship is in effect.
c. "Newspaper" means a paper that is printed and distributed ordinarily not less frequently than once a week and that contains news, articles of opinion, editorials, features, advertising, or other matter regarded as of current interest, has a paid circulation and has been entered at a United States post office as second class matter.
d. "Magazine" means a publication containing news which is published and distributed periodically, has a paid circulation and has been entered at a United States post office as second class matter.
e. "News agency" means a commercial organization that collects and supplies news to subscribing newspapers, magazines, periodicals and news broadcasters.
f. "Press association" means an association of newspapers or magazines formed to gather and distribute news to its members.
g. "Wire service" means a news agency that sends out syndicated news copy by wire to subscribing newspapers, magazines, periodicals or news broadcasters.
h. "In the course of pursuing his professional activities" means any situation, including a social gathering, in which a reporter obtains information for the purpose of disseminating it to the public, but does not include any situation in which a reporter intentionally conceals from the source the fact that he is a reporter, and does not include any situation in which a reporter is an eyewitness to, or participant in, any act involving physical violence or property damage.
Added by L.1977, c. 253, s. 2, eff. Oct. 5, 1977.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:84A-21.1 - Criminal proceeding; Subpena; disclosure of information; application of act

2A:84A-21.1. Criminal proceeding; Subpena; disclosure of information; application of act
Where a newsperson is required to disclose information pursuant to a subpena issued by or on behalf of a defendant in a criminal proceeding, not including proceedings before administrative or investigative bodies, grand juries, or legislative committees or commissions, the provisions and procedures in this act are applicable to the claim and exercise of the newsperson's privilege under Rule 27 (C. 2A:84A-21).
L.1979, c. 479, s. 1, eff. Feb. 27, 1980.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:84A-21.2 - Time of proceedings

2A:84A-21.2. Time of proceedings
Proceedings pursuant to this act shall take place before the trial, except that the court may allow a motion to institute proceedings pursuant to this act to be made during trial if the court determines that the evidence sought is newly discovered and could not have been discovered earlier through the exercise of due diligence.
L.1979, c. 479, s. 2, eff. Feb. 27, 1980.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:84A-21.3 - Prima facie showing subpenaed materials obtained during professional activities; waiver of privilege or other grounds for disclosure; hearing

2A:84A-21.3. Prima facie showing subpenaed materials obtained during professional activities; waiver of privilege or other grounds for disclosure; hearing
a. To sustain a claim of the newsperson's privilege under Rule 27 the claimant shall make a prima facie showing that he is engaged in, connected with, or employed by a news media for the purpose of gathering, procuring, transmitting, compiling, editing or disseminating news for the general public or on whose behalf news is so gathered, procured, transmitted, compiled, edited or disseminated, and that the subpenaed materials were obtained in the course of pursuing his professional activities.
b. To overcome a finding by the court that the claimant has made a prima facie showing under a. above, the party seeking enforcement of the subpena shall show by clear and convincing evidence that the privilege has been waived under Rule 37 (C. 2A:84A-29) or by a preponderance of the evidence that there is a reasonable probability that the subpenaed materials are relevant, material and necessary to the defense, that they could not be secured from any less intrusive source, that the value of the material sought as it bears upon the issue of guilt or innocence outweighs the privilege against disclosure, and that the request is not overbroad, oppressive, or unreasonably burdensome which may be overcome by evidence that all or part of the information sought is irrelevant, immaterial, unnecessary to the defense, or that it can be secured from another source. Publication shall constitute a waiver only as to the specific materials published.
c. The determinations to be made by the court pursuant to this section shall be made only after a hearing in which the party claiming the privilege and the party seeking enforcement of the subpena shall have a full opportunity to present evidence and argument with respect to each of the materials or items sought to be subpenaed.
L.1979, c. 479, s. 3, eff. Feb. 27, 1980.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:84A-21.4 - In camera inspection; hearing; determination of admissibility; order for production

2A:84A-21.4. In camera inspection; hearing; determination of admissibility; order for production
Upon a finding by the court that there has been a waiver as to any of the materials sought or that any of the materials sought meet the criteria set forth in subsection 3.b., the court shall order the production of such materials, and such materials only, for in camera inspection and determination as to its probable admissibility in the trial. The party claiming the privilege and the party seeking enforcement of the subpena shall be entitled to a hearing in connection with the in camera inspection of such materials by the court, during which hearing each party shall have a full opportunity to be heard. If the court, after its in camera review of the materials, determines that such materials are admissible according to the standards set forth in subsection 3.b., the court shall direct production of such materials, and such materials only.
L.1979, c. 479, s. 4, eff. Feb. 27, 1980.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:84A-21.5 - Hearings; findings of fact and conclusions of law

2A:84A-21.5. Hearings; findings of fact and conclusions of law
After any hearing conducted by the court pursuant to section 3 or 4 hereof, the court shall make specific findings of fact and conclusions of law with respect to its rulings, which findings shall be in writing or set forth on the record.
L.1979, c. 479, s. 5, eff. Feb. 27, 1980.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:84A-21.6 - Appeals; stay of penalty; sealing of record; return of privileged material

2A:84A-21.6. Appeals; stay of penalty; sealing of record; return of privileged material
An interlocutory appeal taken from a decision to uphold or quash a subpena shall act as a stay of all penalties which may have been imposed for failure to comply with the court's order. The record on appeal shall be kept under seal until such time as appeals are exhausted. In the event that all material or any part thereof is found to be privileged, the record as to that privileged material shall remain permanently sealed. Any subpenaed materials which shall, upon exhaustion and determination of such appeals, be found to be privileged, shall be returned to the party claiming the privilege.
L.1979, c. 479, s. 6, eff. Feb. 27, 1980.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:84A-21.7 - Co-defendants; notice of proceedings; right to intervene

2A:84A-21.7. Co-defendants; notice of proceedings; right to intervene
Where proceedings are instituted hereunder by one of several co-defendants in a criminal trial, notice shall be provided to all of the co-defendants. Any co-defendant shall have the right to intervene if the co-defendant can demonstrate, pursuant to section 3, that the materials sought by the issuance of the subpena bear upon his guilt or innocence. Where such intervention is sought by a co-defendant, that co-defendant shall be required, prior to being permitted to participate in any in camera proceeding, to make that showing required of a defendant in section 3.
L.1979, c. 479, s. 7, eff. Feb. 27, 1980.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:84A-21.8 - Assessment of costs or counsel fee

2A:84A-21.8. Assessment of costs or counsel fee
If the court finds no reasonable basis for requesting the information has been shown, costs, including counsel fee, may be assessed against the party seeking enforcement of the subpena. Where an application for costs or counsel fee is made, the judge shall set forth his reasons for awarding or denying same.
L.1979, c. 479, s. 8, eff. Feb. 27, 1980.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:84A-21.9 - News media person or entity; freedom from searches and seizures of documentary materials; exceptions

2A:84A-21.9. News media person or entity; freedom from searches and seizures of documentary materials; exceptions
Any person, corporation, partnership, proprietorship or other entity engaged on, engaged in, connected with, or otherwise employed in gathering, procuring, transmitting, compiling, editing, publishing, or disseminating news for the public, or on whose behalf news is so gathered, procured, transmitted, compiled, edited, published or disseminated shall be free from searches and seizures, by State, county and local law enforcement officers with respect to any documentary materials obtained in the course of pursuing the aforesaid activities whether or not such material has been or will be disseminated or published.
This section shall not restrict or impair the ability of any law enforcement officer, pursuant to otherwise applicable law, to search for or seize such materials, if there is probable cause to believe that:
a. The person, corporation, partnership, proprietorship or other entity possessing the materials has committed or is committing the criminal offense for which the materials are sought; or
b. The immediate seizure of the materials is necessary to prevent the death of or serious bodily injury to a human being; or
c. The giving of notice pursuant to a subpena duces tecum would result in the destruction, alteration or deliberate concealment of the documentary materials other than work product; or
d. The documentary materials, other than work product, have not been produced in response to a court order directing compliance with a subpena duces tecum, and
(1) All appellate remedies have been exhausted by the party seeking to quash the subpena duces tecum; or
(2) There is a probability that the delay in an investigation or trial occasioned by further proceedings relating to the subpena would threaten the interests of justice. In the event a search warrant is sought pursuant to this subparagraph, the person, corporation, partnership, proprietorship or other entity possessing the materials shall be afforded adequate opportunity to submit an affidavit to the court setting forth the basis for any contention that the materials sought are not subject to seizure.
L.1979, c. 488, s. 1, eff. Feb. 28, 1980.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:84A-21.10 - Applications for search warrant; approval

2A:84A-21.10. Applications for search warrant; approval
In the event a search warrant is sought pursuant to Section 1 of this act, all applications to the court for such warrants shall be approved in advance of their submission by the Attorney General or the prosecutor of the county in which execution of the warrant will take place.
L.1979, c. 488, s. 2, eff. Feb. 28, 1980.