N.J. Stat. tit. 2A, ch. 81

N.J. Stat. tit. 2A, ch. 81
in effect

N.J. Stat. § 2A:81-2 Transactions with mentally incapacitated person; decedent; proof required.

2A:81-2. In a civil action that is commenced or defended by a guardian on behalf of a person who is mentally incapacitated or by a personal representative on behalf of a decedent, any other party who asserts a claim or an affirmative defense against the person who is mentally incapacitated or against the personal representative, that is supported by oral testimony of a promise, statement, or act of the person who is mentally incapacitated before the onset of mental incapacity, or of the decedent, shall be required to establish the same by clear and convincing proof. amended 1960, c.52, s.45; 2013, c.103, s.15.

N.J. Stat. § 2A:81-4 General rule

Except as otherwise provided by statute, a witness shall not be excused from answering any questions relevant and material to the issue. L.1951 (1st SS), c.344.

N.J. Stat. § 2A:81-6 Personal privilege of party called by adverse party in civil action

In all civil actions in any court of record a party shall be sworn and shall give evidence therein when called by the adverse party, but no party thereto shall be compelled to be sworn or give evidence in any action brought to recover a penalty or to enforce a forfeiture. This section shall not apply to actions for divorce. L.1951 (1st SS), c.344.

N.J. Stat. § 2A:81-11 Examination of adverse party as witness

Except as otherwise provided by law, when any party is called as a witness by the adverse party he shall be subject to the same rules as to examination and cross-examination as other witnesses. L.1951 (1st SS), c.344

N.J. Stat. § 2A:81-15 Disobedience; penalties

If any person on whom lawful process shall have been duly served to testify, depose or give evidence concerning any cause or matter pending in any court and to whom shall have been paid or tendered at the time of such service, 50 cents if he is to attend in the county, and 1 dollar, if he is to attend out of the county, shall not appear according to the command of such process, having no lawful or reasonable excuse for such default, he shall: a. For each offense forfeit to the aggrieved party a sum not exceeding $50, to be ascertained and adjudged by the court in which he was subpoenaed to attend; and b. Pay to the aggrieved party damages equivalent to the loss sustained by the want of his evidence, to be recovered in a civil action with costs; and c. Be punishable for contempt of the court out of which the process issued. L.1951 (1st SS), c.344.

N.J. Stat. § 2A:81-17 Privilege of witness from arrest during attendance

Except as provided in section 2A:81-21 of this Title, a witness shall be privileged from arrest in all civil actions, and no other, during necessary attendance at court or other place, required by subpoena previously duly served, and during his going to and returning therefrom, allowing 1 day for every 30 miles from his place of residence. Any arrest made in violation of the privilege given by this section shall be a contempt of the court out of which the subpoena issued, and the court, may, by an order, forthwith discharge the witness from arrest. L.1951 (1st SS), c.344; amended by L.1960, c. 52, p. 463, s. 46, eff. July 1, 1960.

N.J. Stat. § 2A:81-17.2a Public employee, definition

For the purposes of this act the term "public employee" shall mean any person who occupies any office, position or employment in the government of the State of New Jersey, or the several counties and municipalities thereof, or any political subdivision of the State, or a school district, or any special district, or any authority, commission, board, or any branch or agency of the public service. This term shall include, but shall not be limited to, elected and appointed persons. L.1970, c. 72, s. 1, eff. May 21, 1970.

N.J. Stat. § 2A:81-17.2a1 Duty of employee to appear and testify; removal for failure or refusal

It shall be the duty of every public employee to appear and testify upon matters directly related to the conduct of his office, position or employment before any court, grand jury or the State Commission of Investigation. Any public employee failing or refusing to so appear and to so testify, after having been informed of his duty to appear and testify under this act by the prosecuting attorney, or a member of or attorney for the State Commission of Investigation, as the case may be, shall be subject to removal from his office, position or employment. L.1970, c. 72, s. 2, eff. May 21, 1970. Amended by L.1975, c. 246, s. 1, eff. Oct. 28, 1975.

N.J. Stat. § 2A:81-17.2a2 Immunity from use of evidence after claim of privilege against self-incrimination; perjury or false swearing

If any public employee, having claimed the privilege against self-incrimination, testifies before any court, grand jury or the State Commission of Investigation after having been informed that his failure to appear and testify would subject him to removal from his office, position or employment, such testimony and the evidence derived therefrom shall not be used against such public employee in a subsequent criminal proceeding under the laws of this State; provided that no such public employee shall be exempt from prosecution or punishment for perjury or false swearing committed while so testifying. L.1970, c. 72, s. 3, eff. May 21, 1970. Amended by L.1975, c. 246, s. 2, eff. Oct. 28, 1975.

N.J. Stat. § 2A:81-17.2a3 Removal for commission of misdemeanor

Any public employee who admits the commission of a misdemeanor or high misdemeanor relating to his employment or touching the administration of his office or position before any court, grand jury or the State Commission of Investigation shall be subject to removal from such office, position or employment. L.1970, c. 72, s. 4, eff. May 21, 1970.

N.J. Stat. § 2A:81-17.2a4 Removal proceedings

If any public employee has subjected himself to removal as provided in section 2 or section 4 of this act, a proceeding may be instituted to effect such removal in the Superior Court by the Attorney General or a county prosecutor of this State by proceeding in lieu of prerogative writ. L.1970, c. 72, s. 5, eff. May 21, 1970.

N.J. Stat. § 2A:81-17.2a5 Other laws relating to removal of public employees

Nothing in this act shall be construed to annul or modify any other law of this State or any rule or regulation promulgated pursuant to any other law of this State relating to the removal of public employees from office, position or employment. L.1970, c. 72, s. 6, eff. May 21, 1970.

N.J. Stat. § 2A:81-17.3 Order compelling person to testify or produce evidence; immunity from use of such evidence; contempt

In any criminal proceeding before a court or grand jury, if a person refuses to answer a question or produce evidence of any other kind on the ground that he may be incriminated thereby and if the Attorney General or the county prosecutor with the approval of the Attorney General, in writing, requests the court to order that person to answer the question or produce the evidence, the court shall so order and that person shall comply with the order. After complying and if but for this section, he would have been privileged to withhold the answer given or the evidence produced by him, such testimony or evidence, or any information directly or indirectly derived from such testimony or evidence, may not be used against the person in any proceeding or prosecution for a crime or offense concerning which he gave answer or produced evidence under court order. However, he may nevertheless be prosecuted or subjected to penalty or forfeiture for any perjury, false swearing or contempt committed in answering, or failing to answer, or in producing, or failing to produce, evidence in accordance with the order. If a person refuses to testify after being granted immunity from prosecution and after being ordered to testify as aforesaid, he may be adjudged in contempt and committed to the county jail until such time as he purges himself of contempt by testifying as ordered without regard to the expiration of the grand jury; provided, however, that if the grand jury before which he was ordered to testify has been dissolved, he may then purge himself by testifying before the court. L.1968, c. 195, s. 1, eff. July 19, 1968. Amended by L.1973, c. 112, s. 1, eff. May 7, 1973.

N.J. Stat. § 2A:81-17.4 Attorney general's annual report on compelling evidence and granting immunity in criminal proceedings

The Attorney General shall include in his annual report to the Governor and Legislature, made pursuant to section 15 of P.L.1970, c. 74 (C. 52:17B-111) a report on the application of this act. The report shall contain: a. The number of persons to whom immunity was granted or approved; b. The number of indictments dismissed as a result of the granting or approval of immunity and the nature of the charges included therein; c. The number of convictions obtained in cases in which a person or persons had immunity granted to them or approved; d. The number of persons adjudged in contempt for refusal to testify as a result of a grant or approval of immunity; e. The number of persons committed to jail as a result of an adjudication of contempt in subsection d. above; f. The number of persons who have purged themselves after being committed to jail; g. Such other information as the Attorney General deems appropriate. The Attorney General shall report on such aspects of the operation of this act as he deems appropriate including any recommendations he may care to make as to legislative changes or improvements to effectuate the purposes of this act and to assure and protect individual rights and the rights of the citizenry of New Jersey. L.1980, c. 185, s. 1.

N.J. Stat. § 2A:81-18 Definitions

"Witness," as used in this article shall include a person whose testimony is desired in any proceeding or investigation by a grand jury or in a criminal action, prosecution or proceeding. The word "summons" shall include a subpoena, order or other notice requiring the appearance of a witness. L.1951 (1st SS), c.344.

N.J. Stat. § 2A:81-19 Summoning witness in this state to testify in another state

If a judge of a court of record in any state which by its laws has made provision for commanding persons within that state to attend and testify in this state certifies under the seal of such court that there is a criminal prosecution pending in such court, or that a grand jury investigation has commenced or is about to commence, that a person being within this state is a material witness in such prosecution, or grand jury investigation, and his presence will be required for a specified number of days, and that same cannot be insured voluntarily, upon presentation of such certificate to any judge of a court of record in the county in which such person is, such judge shall fix a time and place for a hearing, and shall make an order directing the witness to appear at a time and place certain for the hearing. If at a hearing the judge determines that the witness is material and necessary, that it will not cause undue hardship to the witness to be compelled to attend and testify in the prosecution or a grand jury investigation in the other state, and that the laws of the state in which the prosecution is pending, or grand jury investigation has commenced or is about to commence (and of any other state through which the witness may be required to pass by ordinary course of travel), will give to him protection from arrest and the service of civil and criminal process, he shall issue a summons, with a copy of the certificate attached, directing the witness to attend and testify in the court where the prosecution is pending, or where a grand jury investigation has commenced or is about to commence at a time and place specified in the summons. In any such hearing the certificate shall be prima facie evidence of all the facts stated therein. If said certificate recommends that the witness be taken into immediate custody and delivered to an officer of the requesting state to assure his attendance in the requesting state, such judge may, in lieu of notification of the hearing, direct that such witness be forthwith brought before him for said hearing; and the judge at the hearing being satisfied of the desirability of such custody and delivery, for which determination the certificate shall be prima facie proof of such desirability may, in lieu of issuing summons, order that said witness be forthwith taken into custody and delivered to an officer of the requesting state. If the witness, who is summoned as above provided, after being paid or tendered by some properly authorized person the sum of 10 cents a mile for each mile by the ordinary traveled route to and from the court where the prosecution is pending and $5 for each day, that he is required to travel and attend as a witness, fails without good cause to attend and testify as directed in the summons, he shall be punished in the manner provided for the punishment of any witness who disobeys a summons issued from a court of record in this state. L.1951 (1st SS), c.344

N.J. Stat. § 2A:81-20 Witness from another state summoned to testify in this state

If a person in any state, which by its laws has made provision for commanding persons within its borders to attend and testify in criminal prosecutions, or grand jury investigations commenced or about to commence, in this state, is a material witness in a prosecution pending in a court of record in this state, or in a grand jury investigation which has commenced or is about to commence, a judge of such court may issue a certificate under the seal of the court stating these facts and specifying the number of days the witness will be required. Said certificate may include a recommendation that the witness be taken into immediate custody and delivered to an officer of this state to assure his attendance in this state. This certificate shall be presented to a judge of a court of record in the county in which the witness is found. If the witness is summoned to attend and testify in this state he shall be tendered the sum of 10 cents a mile for each mile by the ordinary traveled route to and from the court where the prosecution is pending, and $5 for each day that he is required to travel and attend as a witness. A witness who has appeared in accordance with the provisions of the summons shall not be required to remain within this state a longer period of time than the period mentioned in the certificate, unless otherwise ordered by the court. If such witness, after coming into this state, fails without good cause to attend and testify as directed in the summons, he shall be punished in the manner provided for the punishment of any witness who disobeys a summons issued from a court of record in this state. L.1951 (1st SS), c.344.

N.J. Stat. § 2A:81-21 Exemption from arrest and service of process

If a person comes into this state in obedience to a summons directing him to attend and testify in this state he shall not, while in this state pursuant to such summons, be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before his entrance into this state under the summons. If a person passes through this state while going to another state in obedience to a summons to attend and testify in that state or while returning therefrom, he shall not while so passing through this state be subject to arrest or the service or process, civil or criminal, in connection with matters which arose before his entrance into this state under the summons. L.1951 (1st SS), c.344.

N.J. Stat. § 2A:81-22 Uniformity of interpretation

This article shall be so interpreted and construed as to effectuate its general purposes to make uniform the law of the states which enact it. L.1951 (1st SS), c.344.

N.J. Stat. § 2A:81-23 Short title

This article may be cited as "uniform act to secure the attendance of witnesses from within or without a state in criminal proceedings." L.1951 (1st SS), c.344.
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