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LawTalk
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Category: Criminal Law
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Experience:  30 years legal experience
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The issue in my case is whether a deposition given by a D relative

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The issue in my case is whether a deposition given by a D relative to a civil trial, may be entered in the civil trial when there is also a criminal trial pending.

The second issue is, I believe the depo may definitely be entered in the civil trial, the D waived any 5th am right by giving it. The next issue is: If D refuses to answer questions in the civil trial (takes 5th for each and evey question) can the depo be brought in the impeach him and force him to answer the question (compeled to testify). Also, can o continue the civil trial until the criminal trial is completed.
Submitted: 5 months ago.
Category: Criminal Law
Expert:  LawTalk replied 5 months ago.

Good morning Joyce,

I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today.

Quite simply, deposition testimony given in a civil case, and which objections to questions which might be incriminating---either civilly or criminally---are not objected to, may be used against the person in either a criminal matter or a civil matter. This is because it is valid testimony that is not objected to based on any right not to testify.

If the person refuses to testify, claiming a Fifth Amendment right, the deposition testimony may then be offered into evidence to prove the prior admission---thereby getting the admission into the hearing/trial. You can also then ask the court to find that he has waived his right not to testify and order that eh testify as regards XXXXX XXXXX that he has waived by providing the previous deposition testimony.

In this matter, there would be no legal basis to continue the civil case---though the court might grant such if requested by the party wanting to force the personal testimony of the person subject to the criminal charges.

Please keep in mind that, even though you have already paid your deposit money over to JustAnswer, until you rate me highly for my service, I will not be paid for having assisted you with your questions.

If you have additional questions, you may of course reply back to me and I will be happy to continue to assist you further until your questions have been answered to your satisfaction.

I wish you the best in your future.

Doug

LawTalk, Lawyer
Category: Criminal Law
Satisfied Customers: 27229
Experience: 30 years legal experience
LawTalk and 6 other Criminal Law Specialists are ready to help you
Customer: replied 5 months ago.

Please confirm that the D (in the civil trial) can be forced to testify to any question since he gave a deposition waiving his right to the 5th amendment. I was thinking that possibly he could refuse questions using the 5th that were not covered in the deposition that he gave prior to trial.

Expert:  LawTalk replied 5 months ago.
Hi Joyce,

Yes, the judge can find that the witness has waived the right to invoke their Fifth Amendment right by giving prior testimony and order the witness to answer.

Questions that were not asked in the deposition may still be subject to the 5th amendment claim of privilege. That will be for the judge to determine whether the questions is similar enough to warrant an order to testify.

Please keep in mind that, even though you have already paid your deposit money over to JustAnswer, until you rate me highly for my service, I will not be paid for having assisted you with your questions.

If you have additional questions, you may of course reply back to me and I will be happy to continue to assist you further until your questions have been answered to your satisfaction.

I wish you the best in your future.

Doug
LawTalk, Lawyer
Category: Criminal Law
Satisfied Customers: 27229
Experience: 30 years legal experience
LawTalk and 6 other Criminal Law Specialists are ready to help you
Expert:  LawTalk replied 5 months ago.
Thank you for your positive rating of my service, Joyce. It has been my pleasure to assist you and I hope than you will ask for me on JustAnswer should a future need ever arise. I am generally available at least 6 days a week, and often 7, and it would be my privilege to assist you again in the future.

I welcome you to request my assistance in any future legal questions you may have, by simply placing my name in the first sentence of your new question.


Thanks again.

Doug

When you receive your Customer Satisfaction Survey from JustAnswer, please do rate me highly (9-10) there as well. It would be tremendously appreciated.

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