Rule 513. Comment On or Inference From a Privilege Claim; Instruction

(a) Except as permitted in Rule 504(b)(2), neither the court nor counsel may comment on a privilege claim—whether made in the present proceeding or previously—and the factfinder may not draw an inference from the claim.

(b) To the extent practicable, the court must conduct a jury trial so that the making of a privilege claim is not suggested to the jury by any means.

(c) Subdivisions (a) and (b) do not apply to a party’s claim, in the present civil case, of the privilege against self-incrimination.

(d) When this rule forbids a jury from drawing an inference from a privilege claim, the court must, on request of a party against whom the jury might draw the inference, instruct the jury accordingly.

Committee Notes

Comment to 1998 change: Subdivision (d) regarding a party’s entitlement to a jury instruction about a claim of privilege is made applicable to civil cases. ARTICLE VI. WITNESSES