60-439. Reference to exercise of privilege; presumption and adverse inference not permitted.
60-439
60-439. Reference to exercise of privilege; presumption and adverseinference not permitted.If a privilege is exercised not to testify or to prevent another fromtestifying, either in the action or with respect to particular matters, orto refuse to disclose or to prevent another from disclosing any matter, thejudge and counsel may not comment thereon, no presumption shall arise withrespect to the exercise of the privilege, and the trier of fact may notdraw any adverse inference therefrom. In those jury cases wherein the rightto exercise a privilege, as herein provided, may be misunderstood andunfavorable inferences drawn by the trier of the fact, or may be impairedin the particular case, the court, at the request of the party exercisingthe privilege, may instruct the jury in support of such privilege.
History: L. 1963, ch. 303, 60-439; L. 1967, ch.323, § 1; July 1.