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    Chapter 17B: Establishment of department; "the department" defined

      Section: 52:17B-88.5: Priority of action; summary nature of action; permission granted or denied

           Any action brought pursuant to the provisions of this act shall have preference over all other cases and shall be determined summarily upon the petition and oral or written proof, if any, offered by the parties. The court shall permit the autopsy or dissection to be performed if it finds that the medical examiner establish a compelling public necessity for the autopsy or dissection under all of the circumstances of the case or if the objecting party or party named by the court fails to swear or affirm that an autopsy or dissection would be contrary to the deceased's religious beliefs. If permission to perform an autopsy or dissection is denied and no stay is granted by the court or by the appellate division, the body shall immediately be released for burial.

L.1983, c. 535, s. 5.

This section added to the Rutgers Database: 2012-09-26 13:37:55.

Older versions of 52:17B-88.5 (if available):

Court decisions that cite this statute: CLICK HERE.

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