New Jersey Statutes 26:6B-16. Procedure regarding disinterment; powers of Chief State Medical Examiner
Terms Used In New Jersey Statutes 26:6B-16
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- person: includes corporations, companies, associations, societies, firms, partnerships and joint stock companies as well as individuals, unless restricted by the context to an individual as distinguished from a corporate entity or specifically restricted to one or some of the above enumerated synonyms and, when used to designate the owner of property which may be the subject of an offense, includes this State, the United States, any other State of the United States as defined infra and any foreign country or government lawfully owning or possessing property within this State. See New Jersey Statutes 1:1-2
- State: extends to and includes any State, territory or possession of the United States, the District of Columbia and the Canal Zone. See New Jersey Statutes 1:1-2
- Subpoena: A command to a witness to appear and give testimony.
- Subpoena duces tecum: A command to a witness to produce documents.
(2) The Superior Court, upon the application of a proper party, may order the disinterment of a dead body, when an investigation of the cause of death is authorized, under the supervision and direction of the Chief State Medical Examiner or his designee, and authorize the Chief State Medical Examiner or his designee to remove the body to a public morgue for the purpose of examination or autopsy. The court shall direct the giving of or dispensing with notice.
b. The Chief State Medical Examiner and a county or intercounty medical examiner may order, at his discretion, an inquest in any case under his jurisdiction for the purpose of vetting an unclear or controversial case or issue.
c. The Chief State Medical Examiner, Deputy Chief State Medical Examiner, county and intercounty medical examiner, and assistant county and intercounty medical examiner shall have the power to administer oaths and affirmations, and take affidavits and make examinations, as to any matter within the jurisdiction of their respective offices.
d. (1) The Chief State Medical Examiner and a county or intercounty medical examiner shall be authorized to, and shall, issue a subpoena to compel the attendance of any witness that the medical examiner deems necessary to interrogate in a death under investigation, returnable forthwith or at such place and time as is directed by the medical examiner.
(2) The Chief State Medical Examiner and a county or intercounty medical examiner shall be authorized to, and shall, issue a subpoena duces tecum to require a witness to bring any books, records, documents, files, or things under the control of the person served as the medical examiner deems necessary for the purpose of a medicolegal death investigation.
(3) The Chief State Medical Examiner and a county or intercounty medical examiner shall be authorized to, and shall, issue a subpoena for the production of confidential medical records, mental health records, drug and alcohol abuse records, and other relevant information from a physician, health care facility, or other health care provider as the medical examiner deems necessary for the purpose of a medicolegal death investigation.
(4) A subpoena issued pursuant to this subsection may be enforced by order of a court of competent jurisdiction under threat of contempt of court.
L.2018, c.62, s.16.