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Gothmog

(182,069 posts)

14. 5th is only for criminal matters

Reply to spanone (Reply #12)

Mon Feb 3, 2014, 09:19 PM

Feb 2014

The 5th amendment can be invoke in civil cases but only when there is a chance for criminal proceedings. Unlike a criminal case, you can comment on and use the fact that a witness invoked the 5th amendment in a civil case. OJ was not allowed to invoke the 5th in his civil case and had to testified which is why the jury found him liable in that case.

If your employer asks for information, you can refuse and your employer can fire or sue you. Your employer has no legal right to force you to testify and your employer's main remedy is to terminate your employment

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Any lawyers care to weigh in on Stepian using the Fifth Amendment on a document subpoena? [View all] markpkessinger Feb 2014 OP

Nice try. nt Are_grits_groceries Feb 2014 #1

uh, what? markpkessinger Feb 2014 #2

Stepien's lawyer. Sorry! nt Are_grits_groceries Feb 2014 #5

No problem -- thanks for clarifying! n/t markpkessinger Feb 2014 #6

I am not an attorney but I saw several on my TV last night DURHAM D Feb 2014 #3

That makes sense. n/t markpkessinger Feb 2014 #4

I worked in the legal biz for almost 30 years Blue_In_AK Feb 2014 #7

There has been a subpoena Gothmog Feb 2014 #10

And, girlfriend is in a trick bag ... 1StrongBlackMan Feb 2014 #18

Don't you remember all the subpoenas refused from the Bush* cronies and even Sarah Palin Bandit Feb 2014 #31

Testimony by Production is a hard argument to win Gothmog Feb 2014 #8

There has been some recent opinions on this issue with respect to off-shore accounts Gothmog Feb 2014 #9

Just playing the "friendly advocate" ... 1StrongBlackMan Feb 2014 #19

love love LOVE threads with lawyer input Skittles Feb 2014 #11

if my employers asks for information, can i invoke the 5th? spanone Feb 2014 #12

5th is only for criminal matters Gothmog Feb 2014 #14

interesting. spanone Feb 2014 #16

Which was pretty much how HUAC was able to find contempt... malthaussen Feb 2014 #29

The Constitution/Bill of Rights protects you from the government, not private individuals Trekologer Feb 2014 #17

Lets ask Gardner? Historic NY Feb 2014 #13

The 5th amendment does not generally work against the IRS Gothmog Feb 2014 #15

I.e., ... the Required Records Doctrine? eom 1StrongBlackMan Feb 2014 #20

Do you think Christie will try to claim executive privilege or work product? Just curious. nt okaawhatever Feb 2014 #22

He Will Absolutelty Claim... Laxman Feb 2014 #23

Thanks for that. nt okaawhatever Feb 2014 #24

He Is Stalling... Laxman Feb 2014 #21

The danger is to Kelly. She is the defendant and Stepien is her lawyer. JimDandy Feb 2014 #25

I don't think it applies to document production. Lex Feb 2014 #26

Here is a good explanation of the Act of Production doctrine Gothmog Feb 2014 #27

As predicted, the NJ committee is seeking to enforce subpoenas Gothmog Feb 2014 #28

It's worth it.. sendero Feb 2014 #30

Septien's lawyer wants to go to court to litigate these subpoenas Gothmog Feb 2014 #32

Thanks for the update and commentary! n/t markpkessinger Feb 2014 #33

There will be a hearing on privilege issue Gothmog Mar 2014 #34

Thanks for the update! n/t markpkessinger Mar 2014 #35

Does anyone have any links to the briefs filed for tomorrow's hearing? Gothmog Mar 2014 #36