5th amendment in depositions.

My friend may have to appear in a deposition on a civil case in NY that doesn't really involve him. He is not sure if any of his testimony could get him into trouble later. Can he use 5th amendment priviledge, or even refuse to appear at the deposition?

If the case does not involve him, how can he get into trouble later? He cannot refuse to appear if he is under court order.
Why is he so paranoid when all that is required of him is too just tell the truth?

GreatGuy said:

My friend may have to appear in a deposition on a civil case in NY that doesn't really involve him. He is not sure if any of his testimony could get him into trouble later. Can he use 5th amendment priviledge, or even refuse to appear at the deposition?

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My response:

If the Subpoena is proper and meets your States' laws, both in form and procedure, then it acts as a court order, and your friend must appear. However, the United States Constitution’s Fifth Amendment privilege against self-incrimination entitles an individual to refuse to disclose information that might subject him or her to criminal liability. No one may be prosecuted or subjected to any penalty or forfeiture for, or on account of, any transaction, matter, or thing concerning which he or she is compelled, after having claimed the privilege against self-incrimination, to testify or produce evidence.

IAAL

Not sure I understand.

Do you mean that if a question is asked and one pleads the fifth and then answers the question, then that info. can not be used against him? I was under the impression that a plea of the 5th is basically just refusing to answer the question at all.

My response:

Normally, when a person takes the 5th Amendment and refuses to answer, an attorney will merely move on to the next question. However, there are those instances when a deponent / witness refuses to answer, and then the attorney makes a motion to the court to "compel" a response from the witness. If granted, and the witness is under an order to respond, pursuant to "pain and penalty" of contempt of court, and thereafter responds to the question(s), those answers cannot be used against the witness in any subsequent proceeding.

Just remember, at the initial deposition, if the 5th is taken, you don't have to answer the question until otherwise compelled by the court.

IAAL

"If granted, and the witness is under an order to respond, pursuant to "pain and penalty" of contempt of court, and thereafter responds to the question(s), those answers cannot be used against the witness in any subsequent proceeding."


Can anyone tell me where it says that those answers cannot be used against the witness in any subsequent proceeding? Does that mean any subsequent criminal proceeding, or does that apply to subsequent civil proceedings also?

Thanks for playing, but this thread is many years old. Come and join us at threads where people are actually participating.