QUESTION

when supboenaed can u plea the fifth

Asked on Sep 24th, 2013 on Civil Litigation - Michigan
More details to this question:
when u go to a trial by jury and have been subpoenaed does the party being subpoenaed have to answer any questions or can the party plea the fifth
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1 ANSWER

Appellate Practice Attorney serving New York, NY
Under the fifth amendment to the U.S. Constitution, a witness has the right not to incriminate themselves, and thus can't be forced to answer questions where the answer might tend to do so.  However, in a civil case, a witness's refusal to answer on fifth amendment grounds can give rise to an inference that he answer would have been incriminating.  For example, if you ask the other driver in a motor vehicle accident which is the subject of a civil suit "Isn't it true that the light was red on your side when you entered the intersection?", and he/she refuses to answer on 5th amendment grounds, the jury is permitted to conclude that the answer would have been yes.
Answered on Sep 24th, 2013 at 5:45 PM

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