The New Jersey Supreme Court is about to move forward on an evidence law revision that would create a hearsay rule exception for out-of-court statements given by witnesses intimidated from testifying based on a litigation party’s own actions.
A judicial conference is scheduled Sept. 7 on the proposed “forfeiture-by-wrongdoing” exception. If adopted, New Jersey would join the federal courts and a growing group of states that deny a party the right to cross-examination of any witness he or she has threatened with reprisal or otherwise has made unavailable to appear. The hearsay exception would apply in civil as well as criminal cases.
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