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Bill > AJR108


NJ AJR108

NJ AJR108
Clarifies exception to hearsay rule concerning medical diagnosis or treatment for purposes of providing, continuing, or ending mental health services.


summary

Introduced
02/01/2024
In Committee
02/01/2024
Crossed Over
Passed
Dead
01/12/2026

Introduced Session

2024-2025 Regular Session

Bill Summary

This joint resolution would clarify an exception to the hearsay rule, Rule 803 of the Rules of Evidence, concerning a person's medical diagnosis or treatment for purposes of providing, continuing, or ending mental health services. The use of hearsay testimony about a person's medical history or present condition may be a vital source in making such treatment decisions. In accordance with the procedure set forth in "The Evidence Act, 1960," P.L.1960, c.52 (C.2A:84A-1 et al.), the Legislature may initiate a rule change by passage of a joint resolution, which if signed by the Governor will be presented to the Supreme Court for consideration of adoption. As per the statutory procedure and further specified in this joint resolution, if the rule change is adopted by the Supreme Court it would take effect on a date set forth in the order of adoption.

AI Summary

This joint resolution clarifies an exception to the hearsay rule in Rule 803 of the Evidence Rules, specifically regarding statements made for medical diagnosis or treatment. The resolution focuses on expanding the existing medical diagnosis exception to explicitly include statements related to mental health services, such as providing, continuing, or ending treatment. Under the proposed amendment, statements made in good faith for medical diagnosis or treatment can be considered admissible evidence, even if they would typically be considered hearsay. The key change is the insertion of language that specifically mentions mental health services as a valid context for such statements. The resolution follows a statutory procedure that allows the New Jersey Legislature to propose rule changes to the Supreme Court, which can then adopt the amendment through an official order. If adopted by the Supreme Court, the rule change would take effect on the date specified in the court's adoption order. The underlying purpose is to ensure that important medical information, particularly concerning mental health treatment decisions, can be more readily considered in legal proceedings without being excluded due to hearsay restrictions.

Committee Categories

Justice

Sponsors (1)

Last Action

Introduced, Referred to Assembly Judiciary Committee (on 02/01/2024)

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