Comment Upon Or Inference From Claim Of Privilege; Instruction
North Dakota Rules of Evidence
Rule: 512.
Jurisdiction: ND
Bluebook Citation: N.D.R.Ev. 512.
(a) Comment or Inference Not Permitted. A claim of privilege, whether in the present proceeding or upon a previous occasion, is not a proper subject of comment by judge or counsel. No inference may be drawn from the claim. (b) Claiming Privilege Without Knowledge of Jury. In jury cases, proceedings must 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 from the claim.
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