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To: KrisKrinkle; Canedawg

No.

You cannot be forced to answer in any way, shape, or form, any question or inquiry or discovery, even if it only has a possibility of linking you to criminal prosecution.

Imagine this:

You are getting divorced so you and a friend John take your couch to your new apartment.

Your wife sues you for the couch and says something in court about you and John.

(A week earlier, you and John did a bank heist, so you know it’s probably a good thing to not admitting you ever heard of John)

It would be perfectly appropriate in the civil suit to not answer any questions at all that might even HINT you had ever known John.

The assertion of the right against self incrimination
CANNOT BE DENIED and CANNOT BE USED AGAINST YOU, ie CANNOT EVEN TEND TO LEAN A JUDGMENT AGAINST YOU.

If an appeals court found that this was violated, and the judgment had gone against you, it would be tossed immediately.


146 posted on 12/21/2008 8:33:02 AM PST by djf (< Tagline closed until further notice. Awaiting bailout >)
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To: djf

Then you would lose the civil case. There would be a consequence of failing to testify at all in that case.

If you refused to answer questions at all, and the plaintiff testified that you wrongfully took the couch, the trier of fact would be able to find the evidence was in her favor and find for the plaintiff. You would lose; although you would preserve the right to not testify, you might have to pay the civil judgment for the value of the couch.

If he hired you to be his lawyer in the civil case, you wouldnt be doing a very good job representing him.


147 posted on 12/21/2008 8:40:58 AM PST by Canedawg ("The light shines in the darkness, but the darkness has not understood it")
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