Legal Question in Civil Litigation in California

Procedure

Defendant in civil suit, i filed morion to stay proceedings pending outcome of criminal investigation to protect my 5th Amend. rights. I AM INOCENT.. PLaintiff served me interogatories. Do i have to answer inspite of the pending motion? If Yes can i respond by taking the 5th or will this get me in trouble?


Asked on 2/12/09, 12:42 am

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Procedure

You can take the 5th, but this will cause you to lose the civil case. Since you don't have an attorney you will lose the civil case anyway.

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Answered on 2/12/09, 12:48 am
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Procedure

You must continue litigating the case as if you had not filed your motion unless and until it is granted.

I'm not sure what you mean by getting into trouble. The court is unlikely to punish you for asserting your Fifth Amendment rights unless it concludes you did so in bad faith. However, it may rule that you have forfeited the issues as to which you refused to answer questions. At the same time, any answers you provide will be fair game for the prosecutor in your criminal case. Either of these alternatives can be very bad for you.

The rules about when and how to properly invoke the Fifth Amendment are complex. You should get a lawyer if at all possible. Even if you can't afford to have one become your counsel of record, you should try to get one to consult with you about these discovery responses.

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Answered on 2/12/09, 2:31 pm


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