The New Jersey State Bar Association (NJSBA) is expected to testify before the state Supreme Court on Tuesday regarding several rule amendments and committee reports on complementary dispute resolution; criminal practice; diversity, inclusion and community engagement; rules of evidence; family practice; and municipal court practice. The Court will also address the recently released report of the Special Committee on Landlord Tenant. The NJSBA submitted comments to a number of reports, and members will be appearing virtually on its behalf in support of its comments.
Report of the Committee on Rules of Evidence
Former NJSBA Trustee Craig Hubert and President-elect Jeralyn L. Lawrence are expected to testify on behalf of the NJSBA regarding N.J.R.E. 803(c) (27) and the collaborative law privilege. The NJSBA generally supports the proposed rule change, which seeks to clarify that a prior statement by a child must be found trustworthy by a preponderance of the evidence to be admitted. The rule change amends the current standard that is based on probability. There is a concern, however, that the rule’s prohibition against disqualification of a child witness by virtue of any of the competency requirements of Rule 601, without delineating any of its subsections, should remain intact and not be limited to just subsection (b) of Rule 601.
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